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FONG v. JOHNSON

212 A.D.2d 457 (1995)

622 N.Y.S.2d 957

Raymond Fong, Appellant, v. Alex Johnson et al., Respondents

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

February 23, 1995

Contrary to plaintiff's contention, the contractor's filing of a notice of lien does not waive its right to arbitration (Lien Law § 35; Sommer v Quarant Contr., 40 A.D.2d 95). We decline to consider plaintiff's argument, raised for the first time on appeal, that the arbitration clause was void because his agreement with the unlicensed contractor was unenforceable (cf., Matter...

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