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MATTER OF HACKEL v. ABRAMOWITZ

245 A.D.2d 124 (1997)

665 N.Y.S.2d 655

In the Matter of Henry Hackel, Appellant-Respondent, v. Michael Abramowitz et al., Respondents, and R.F. Lafferty & Co., Inc., Respondent-Appellant

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

December 16, 1997

We agree with the IAS Court that appellants' active participation in the arbitration waived their contention that arbitrability as to those claims involving signators to individual Option Agreements was to be decided by the courts, not the arbitrators (see, Matter of Thompson [S.L.T. Ready-Mix], 216 A.D.2d 656). As to the remaining claimants, the language of the relevant American Stock Exchange (Amex) rule renders the issue...

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