Fong v. Johnson

Full title: RAYMOND FONG, Appellant, v. ALEX JOHNSON et al., Respondents

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

Date published: Feb 23, 1995

212 A.D.2d 457 (N.Y. App. Div. 1995)

622 N.Y.S.2d 957

Opinion

February 23, 1995

Appeal from the Supreme Court, New York County (Karla Moskowitz, J.).

Contrary to plaintiff's contention, the contractor's filing of a notice of lien does not waive its right to arbitration (Lien Law § 35; Sommer v. Quarant Contr., 40 A.D.2d 95). We decline to consider plaintiff's argument, raised for the first time on appeal, that the arbitration clause was void because his agreement with the unlicensed contractor was unenforceable (cf., Matter of Klineman [NJS Inc.], 160 Misc.2d 774).

Concur — Ellerin, J.P., Wallach, Asch, Nardelli and Tom, JJ.