It is hereby ordered that the order so appealed from is unanimously affirmed without costs.
Memorandum: Plaintiff appeals from an order that granted defendant's motion for partial summary judgment with respect to liability on defendant's first counterclaim, for breach of contract. As a preliminary matter, we conclude that plaintiff waived its right to compel arbitration by its acceptance of the judicial forum, i.e., by commencing a declaratory judgment action, participating...
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