Defendant waived any right to arbitration by failing to raise it as a defense in its answer, asserting counterclaims, making a dispositive motion, and otherwise actively participating in this litigation for almost three years through the completion of extensive disclosure proceedings and the filing of a note of issue, all to the prejudice of plaintiff (see Flores v Lower E. Side Serv. Ctr., Inc.,
Welcome to the leading source of independent legal reporting
Let's get started
Sign on now to see your case.
Or view more than 10 million decisions and orders.
RYAN v. KELLOGG PARTNERS INSTITUTIONAL SERVICES
58 A.D.3d 481 (2009)
871 N.Y.S.2d 108
DANIEL RYAN, Respondent, v. KELLOGG PARTNERS INSTITUTIONAL SERVICES, Appellant.
Appellate Division of the Supreme Court of New York, First Department.https://leagle.com/images/logo.png
January 13, 2009.
January 13, 2009.
Appellate Division of the Supreme Court of New York, First Department.
Listed below are the cases that are cited in this Featured Case. Click the citation to see the full text of the cited case. Citations are also linked in the body of the Featured Case.
Cited Cases
- No Cases Found
Listed below are those cases in which this Featured Case is cited. Click on the case name to see the full text of the citing case.