DENIHAN v. DENIHAN


42 A.D.2d 524 (1973)

Benjamin J. Denihan et al., Respondents, v. Michael G. Denihan, Appellant

Appellate Division of the Supreme Court of the State of New York, First Department.

June 7, 1973


Respondents shall recover of appellant $60 costs and disbursements of this appeal. While we do not agree with petitioners that respondent has forever waived his right to arbitrate any grievance which may arise during the continuing relationship of the parties hereto, because of his resort to the courts on three separate occasions, we do conclude that, upon the record before us, there are sufficient overlapping issues raised in the judicial and arbitration proceedings to warrant...

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