NISHIO v. E. F. HUTTON & CO., INC.


168 A.D.2d 224 (1990)

Frank M. Nishio et al., Respondents, v. E. F. Hutton & Company, Inc., Appellant

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

December 4, 1990


The IAS court properly determined that the defendant, a New York securities firm, had waived its right to compel arbitration by its affirmative use of the judicial process in a dispute with its customer. It is well settled that the right to arbitration, like contract rights generally, may be modified, waived or abandoned. (Sherrill v Grayco Bldrs., 64 N.Y.2d 261, 272.)

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