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MORFOPOULOS v. LUNDQUIST

191 A.D.2d 197 (1993)

594 N.Y.S.2d 234

Vassilis Morfopoulos et al., Appellants, v. Oliver Lundquist, Respondent

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

March 4, 1993

We agree with the IAS Court that petitioners, although non-signatories to the arbitration agreement in issue to which the first-named petitioner's eponymous corporation was a party (see, Keter Publ. v Shapolsky, 189 A.D.2d 591), waived their right to have the issue of arbitrability judicially determined by actively participating in the arbitration before seeking a stay (Matter...

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