Defendants waived arbitration, as their participation in the lawsuit, in both state and federal court, for 11 months before moving to compel arbitration manifested an affirmative acceptance of the judicial forum and caused plaintiff unnecessary delay and expense.
Case: JSBarkats PLLC v. Response Scientific Inc., NY Slip Op 03142 (1st Dep't April 25, 2017)
Here is the decision.
Tomorrow's issue: Property owners and primary assumption of the risk.
