Summary
finding that party waived right to object to arbitration "by filing a notice of appearance and participating in the selection of an arbitrator and the scheduling of the arbitration hearing"
Summary of this case from Charter Commc'ns v. GarfinOpinion
May 4, 1987
Appeal from the Supreme Court, Kings County (Scholnick, J.).
Ordered that the order entered July 30, 1985 is affirmed insofar as appealed from, and the order dated October 18, 1985 is affirmed, with one bill of costs payable to the respondents appearing separately and filing separate briefs.
The petitioner acquiesced in the arbitration proceeding by filing a notice of appearance and participating in the selection of an arbitrator and the scheduling of the arbitration hearing. Consequently, its right to a stay of arbitration and to raise any objection to the service of the notice to arbitrate was waived (see, Matter of Standard Steel Section v. Royal Guard Fence Co., 62 A.D.2d 1040, lv denied 45 N.Y.2d 707; Matter of Boston Old Colony Ins. Co. [Martin], 34 A.D.2d 776). Mangano, J.P., Lawrence, Weinstein and Kooper, JJ., concur.