New York Court of Appeals

James De Sapio v. Herman S. Kohlmeyer, Sr.

November 27, 197435 N.Y.2d 402

Summary

The Court of Appeals affirmed the lower court's denial of a motion to stay, holding that the defendant waived its right to compel arbitration by filing a cross‑claim and obtaining a deposition. The waiver reasoning precludes the defendant from later asserting that the dispute must be resolved in arbitration.