FIGUEROA v. FLATBUSH WOMEN'S SERVS., INC.


244 A.D.2d 453 (1997)

664 N.Y.S.2d 118

Maria Figueroa, Respondent, v. Flatbush Women's Services, Inc., et al., Defendants, and Alonzo Sherman, Appellant. (And Two Third-Party Actions.)

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

November 17, 1997


Ordered that the order is affirmed, with costs.

Even if the arbitration clause were enforceable, the appellant waived his right to arbitrate by actively participating in this litigation prior to making his belated demand for arbitration (see, Sherrill v Grayco Bldrs., 64 N.Y.2d 261; Friedman v 125 Div. Realty, 195 A.D.2d 497, 498...

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