ST. PAUL TRAVELERS COMPANIES, INC. v. JOSEPH MAURO & SON, INC.


36 A.D.3d 891 (2007)

827 N.Y.S.2d 664

ST. PAUL TRAVELERS COMPANIES, INC., Respondent, v. JOSEPH MAURO & SON, INC., Defendant, and SHORE DRUGS, INC., Appellant.

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

Decided January 30, 2007.


Ordered that the order is affirmed insofar as appealed from, with costs.

Contrary to the appellant's contention, even if the arbitration clause in an underlying lease were enforceable against the plaintiff, the appellant waived its right to arbitrate by actively participating in this litigation (see Sherrill v Grayco Bldrs., 64 N.Y.2d 261 [1985]; Matter of Zimmerman [Cohen],...

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