Freidberg v. Freidberg

This is a motion to vacate a demand for arbitration concerning the education of the son of the parties and for a direction that defendant pay the tuition thereof. Defendant claims that plaintiff has waived her right to arbitrate by initiating a Domestic Court proceeding and that the issue stated in the demand is not one subject to arbitration. The papers submitted indicate no clear deliberate inclination on the part of the plaintiff to waive the arbitration clause in the judgment previously entered herein. It appears that on February 24, 1960, plaintiff applied to the Children’s Court…