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eBook details

Title: Jeter & Cook v. Bennett College
Author : Supreme Court of New York
Release Date : January 25, 1975
Genre: Law,Books,Professional & Technical,
Pages : * pages
Size : 59 KB

Description

After judgment appealed from was entered on April 16, 1973, the appellant, who already had started an action against the engineers, on May 5, 1973 joined the respondent in that action and pressed the same claims against the respondent as those involved in its demand for arbitration. The respondent filed an answer and served cross claims and a third-party complaint. The parties thereafter enagaged in disclosure and motion practice. Having continued with the prosecution of the action against respondent, at the same time taking no action with reference to the prosecution of the arbitration appeal, the appellant is deemed to have waived its rights to arbitration. (Matter of Zimmerman [ Cohen ], 236 N. Y. 15; Oklahoma Pub. Co. v. Parsons & Whittemore, 255 App. Div. 589, 591; Matter of Ladin [ D & C Textile Corp.], 20 A.D.2d 8, affd. 14 N.Y.2d 781.)

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