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SSM REALTY GROUP, LLC v. 20 SHERMAN ASSOC., LLC

8717, 108147/10.

101 A.D.3d 433 (2012)

955 N.Y.S.2d 571

2012 NY Slip Op 8408

SSM REALTY GROUP, LLC, Appellant, v. 20 SHERMAN ASSOCIATES, LLC, et al., Respondents.

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

December 6, 2012.

The operating agreement states, "Any controversy or claim arising out of or relating to this Agreement shall be finally resolved by arbitration." Contrary to plaintiff's claim, defendants did not waive the right to arbitrate by merely serving an answer and opposing plaintiff's motion (see e.g. Stark v Molod Spitz DeSantis & Stark, P.C., 9 N.Y.3d 59, 67 [2007]; Braun Equip. Co. v Borelli Assoc., 220 A.D...

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