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KINCKLE v. GASTHALTER

128 A.D.2d 504 (1987)

Edmund Kinckle, Jr., et al., Respondents, v. Frank M. Gasthalter et al., Appellants

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

March 2, 1987

Ordered that the order is affirmed, with costs.

The waiver clause in the arbitration consent form signed by plaintiff Edmund Kinckle, Jr. (hereinafter the plaintiff) with the Ninth District Dental Society in which the plaintiff agreed not to bring an action against the defendants was not pleaded as an affirmative defense by the defendants in their answer in this action. They have, therefore, waived that defense in this...

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