Opinion
2021-06041 Index 653400/19
11-04-2021
Xiaoguang Jiang, Plaintiff-Appellant, v. American Express Company, Defendant-Respondent. Appeal No. 14565-14565A Case Nos. 2020-03516, 2020-04855
Xiaoguang Jiang, appellant pro se. Stroock & Stroock & Lavan LLP, New York (Raymond A. Garcia of counsel), for respondent.
Xiaoguang Jiang, appellant pro se.
Stroock & Stroock & Lavan LLP, New York (Raymond A. Garcia of counsel), for respondent.
Before: Acosta, P.J., Renwick, Kapnick, Kennedy, Mendez, JJ.
Appeal from order, Supreme Court, New York County (Melissa Anne Crane, J.), entered June 25, 2020, which granted defendant's motion to stay the lawsuit pending completion of arbitration between the parties and denied plaintiff's motion for a default judgment against defendant, unanimously dismissed, without costs. Appeal from order, same court and Justice, entered October 1, 2020, which, to the extent appealed from as limited by the briefs, denied plaintiff's motion to vacate the June 25, 2020 order, unanimously dismissed, without costs.
Plaintiff Xiaoguang Jiang has actively participated in the arbitration of the present claim, and therefore waived his right to appeal from the order directing the parties to arbitrate the claim and staying the litigation pending arbitration, and from the order denying vacatur of the prior order (see Matter of Beagle [Motor Veh. Acc. Indem. Corp.], 19 N.Y.2d 834, 835 [1967]; Matter of Mirochnik v Allstate Ins. Co., 233 A.D.2d 513, 513 [2d Dept 1996]; see also Matter of Commerce & Indus. Ins. Co. v Nester, 90 N.Y.2d 255, 264 [1997]). Jiang never moved to stay arbitration pending these appeals.