In the Matter of the Application of Harris Zimmerman, Respondent, for an Order Directing Abraham D. Cohen, Doing…

Summary

The New York Court of Appeals held that the right to arbitrate under a contract is not absolute and may be waived by the parties' conduct. The court reversed the Appellate Division's order and affirmed the Special Term, answering that the arbitration right was not enforceable at trial because the parties had elected to litigate.