Ordered that the order and judgment is affirmed insofar as appealed from, with costs.
The plaintiffs waived their right to arbitration of the issue of the validity of the elections when they commenced this lawsuit. The plaintiff Joseph Shapiro manifested a preference to litigate his claims which was clearly inconsistent with his later contention that these claims should be settled by arbitration. Thus, he thereby elected to litigate rather than arbitrate (see<...
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