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SINGER v. SEAVEY

3839, 602568/08, 3839A.

83 A.D.3d 481 (2011)

DOROTHY SINGER et al., Respondents, v. ROBERT SEAVEY et al., Appellants, and JOHN EDMONDS, Respondent.

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

Decided April 12, 2011.

Defendants did not waive their right to arbitrate by moving to dismiss the complaint and appealing from the partial denial of the motion (see Flynn v Labor Ready, 6 A.D.3d 492 [2004]). Nor, since defendants made their demand for arbitration before serving their answer, did they waive the right by asserting the cross claim (see City Trade & Indus., Ltd. v New Cent. Jute Mills Co., 25 N.Y.2d 49

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