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KOBLER v. ROYAL ALLIANCE ASSOCIATES, INC.

264 A.D.2d 675 (1999)

695 N.Y.S.2d 351

JUDITH KOBLER, Plaintiff, v. ROYAL ALLIANCE ASSOCIATES, INC., Appellant, and WARREN T. BUSCH, Respondent, et al., Defendants.

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

Decided September 28, 1999.

Even if Busch and Royal had agreed to submit the matters raised in the Busch cross claims to arbitration, and it would appear that they did not so agree, it would nonetheless be the case, as the motion court held, that any right Royal may have had to compel arbitration of the Busch cross claims was waived by Royal's affirmative assertion and prosecution, in the very action it seeks to stay, of its own cross claims against Busch for contribution and indemnification (see...

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