PromoFONE, INC. v. PCC MGMT., INC.


224 A.D.2d 259 (1996)

637 N.Y.S.2d 405

PromoFone, Inc., et al., Respondents, v. PCC Management, Inc., Appellant

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

February 8, 1996


The IAS Court, in compelling arbitration and staying the California action, properly determined that petitioners PromoFone, Inc., MovieFone, Inc. and Teleticketing Co., L. P. had neither abandoned nor intentionally waived their right to proceed to arbitration in New York by their commencement of a plenary Federal action against Ticketmaster. Although arbitration is a contractual right which can be waived by the commencement of...

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