Weiss v. Weiss

We agree with the motion court that plaintiff’s motion to stay family offense proceedings pending in Family Court and to compel arbitration of the domestic violence issues involved therein was frivolous, and deserving of the $1,000 sanction imposed on plaintiff’s former attorney. The motion should have been made in Family Court (CPLR 7503 [a]); plaintiff’s participation in the Family Court proceeding for over a year constituted a waiver of any right to arbitrate (see, Sherrill v Grayco Bldrs., 64 NY2d 261, 272); and the stipulation of settlement and judgment of divorce containing the…