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LZG REALTY, LLC v. H.D.W. 2005 FOREST, LLC

2009-04174

71 A.D.3d 642 (2010)

896 N.Y.S.2d 389

LZG REALTY, LLC, et al., Respondents, v. H.D.W. 2005 FOREST, LLC, Respondent, and ELI WEINSTEIN, Appellant, et al., Defendants. (And a Third-Party Action.) (Action No. 1.). BONANNO REALTY, LLC, et al., Respondents, v. H.D.W. 2005 FOREST, LLC, et al., Respondents, and ELI WEINSTEIN, Appellant, et al., Defendants. (Action No. 2.).

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

Decided March 2, 2010.

Ordered that the order is affirmed, with costs.

A defendant in an action who has the right to arbitrate a claim may forfeit or waive that right by acts inconsistent with the intention to arbitrate (see Stark v Molod Spitz DeSantis & Stark, P.C., 9 N.Y.3d 59, 66 [2007]; Flores v Lower E. Side Serv. Ctr., Inc., 4 N.Y.3d 363, 372 [2005]). "`The courtroom may not be used...

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