April 27, 2023

Waiver of arbitration.

Defendant waived its contractual right to arbitrate the dispute by participating in the litigation over an 18-month period, during which defendant requested an extension of time to answer the complaint, filed an answer, appeared at a preliminary conference, and agreed to a discovery schedule.

Hoffman v. AKT in Motion, Inc., NY Slip Op 02062 (1st Dep't April 20, 2023)

Here is the decision.