Respondent waived its right to contest the arbitrators' authority to determine whether the dispute was arbitrable by actively participating in the arbitration for more than two years rather than promptly seeking a judicial determination of the arbitrability issue once it became clear that petitioner was raising non-arbitrable claims in the arbitration proceeding (Matter of State of New York [Civil Serv. Empls. Assn.],
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MATTER OF DEMBER CONSTR. CORP.
190 A.D.2d 537 (1993)
In the Matter of the Arbitration between Dember Construction Corporation, Formerly Innovax-East Construction Corp., Respondent, and New York University, Appellant
Appellate Division of the Supreme Court of the State of New York, First Department.https://leagle.com/images/logo.png
February 4, 1993
February 4, 1993
Appellate Division of the Supreme Court of the State of New York, First Department.
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