POOLE v. WEST 111TH STREET REHAB ASSOCIATES

4640, 101096/09.

82 A.D.3d 647 (2011)

919 N.Y.S.2d 335

JONATHAN POOLE, Respondent, v. WEST 111TH STREET REHAB ASSOCIATES, et al., Appellants.

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

Decided March 29, 2011.


Defendants waived any right to arbitration by failing to raise it as a defense in their answer, making a dispositive motion, seeking discovery and otherwise actively participating in this litigation for almost nine months before notifying plaintiff of their intention to seek arbitration (see Flores v Lower E. Side Serv. Ctr., Inc., 4 N.Y.3d 363, 371-372 [2005]). We reject defendants' contention that any waiver of the right to...

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