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JSBARKATS PLLC v. RESPONSE SCIENTIFIC INC.

3845, 159434/14.

149 A.D.3d 652 (2017)

2017 NY Slip Op 03142

50 N.Y.S.3d 873

JSBARKATS PLLC, Respondent, v. RESPONSE SCIENTIFIC INC. et al., Appellants.

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

Decided April 25, 2017.

The motion court properly decided the issue of waiver (see Cusimano v Schnurr, 26 N.Y.3d 391, 401 n 3 [2015]) and properly determined that defendants had waived arbitration. Defendants' participation in the lawsuit, in both state and federal court, for approximately 11 months before moving to compel arbitration manifested an affirmative acceptance of the judicial forum and caused plaintiff unnecessary delay and expense (see id...

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