N.J.R. ASSOCIATES v. TAUSEND

4908, 600392/10.

83 A.D.3d 596 (2011)

920 N.Y.S.2d 909

N.J.R. ASSOCIATES, a New York Limited Partnership, Respondent, v. NICOLE TAUSEND, a Limited Partner of N.J.R. ASSOCIATES, Appellant.

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

Decided April 26, 2011.


Respondent's filing of a CPLR article 75 petition to stay the arbitration sought by petitioner on the grounds that the arbitration agreement was invalid due to fraud did not constitute a waiver of her right to arbitrate her counterclaims (see Matter of Heilman [Casella], 188 A.D.2d 294 [1992], lv denied 82 N.Y.2d 652 [1993]). Given that petitioner initiated the arbitration and successfully moved to dismiss respondent's petition...

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