ESQUIRE INDUS., INC. v. EAST BAY TEXTILES, INC.


68 A.D.2d 845 (1979)

Esquire Industries, Inc., Respondent, v. East Bay Textiles, Inc., Appellant

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

March 20, 1979


Defendant is directed to answer the complaint within 20 days after service of the order hereon. An arbitration provision in a contract like any other provision of a contract may be waived or abandoned by the parties, and such waiver may be evidenced by their conduct in seeking judicial relief instead of arbitration. (Matter of Zimmerman v Cohen, 236 N.Y. 15.) By serving the first summons, plaintiff waived its right to arbitration...

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