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GROSZ v. SERGE SABARSKY, INC.

24 A.D.3d 264 (2005)

806 N.Y.S.2d 498

PETER GROSZ, Respondent, v. SERGE SABARSKY, INC., Appellant.

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

December 22, 2005.

The IAS court, which heard and saw the parties make their open-court stipulation, properly concluded that they agreed to an appraisal rather than an arbitration. Even if, arguendo, they agreed to arbitrate, defendant waived its right to arbitrate by participating in the appraisal instead of moving to compel arbitration (cf. Matter of Advest, Inc. v. Wachtel, 253 A.D.2d 659 [1998]; Matter...

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