Reynolds & Reynolds Co. v. Goldsmith Motor Corp.

—In an action, inter alia, to recover money due under a contract, the defendant appeals from so much of an order of the Supreme Court, Queens County (Price, J.), dated April 11, 1997, as stayed its counterclaims and directed the parties to proceed to arbitration on the counterclaims.

Ordered that the order is affirmed insofar as appealed from, with costs.

Contrary to the defendant’s contention, the Supreme Court properly concluded that the plaintiff did not waive its right to arbitration of the defendant’s counterclaims. The counterclaims are clearly encompassed by the parties’ arbitration…