Jeter & Cook v. Bennett College

Appellate Division of the Supreme Court of New York

Jeter & Cook v. Bennett College

47 A.D.2d 621, 364 N.Y.S.2d 182, 1975 N.Y. App. Div. LEXIS 8776

CourtAppellate Division of the Supreme Court of the State of New York

DecidedFebruary 25, 1975

StatusPublished

This text of 47 A.D.2d 621 (Jeter & Cook v. Bennett College) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Jeter & Cook v. Bennett College, 47 A.D.2d 621, 364 N.Y.S.2d 182, 1975 N.Y. App. Div. LEXIS 8776 (N.Y. Ct. App. 1975).

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Opinion

Appeal from a judgment, Supreme Court, New York County, entered on April 16, 1973, granting the relief sought in the petition, without prejudice to respondent-appellant’s right to serve a new demand for arbitration, unanimously dismissed, without costs and without disbursements, -as prayed for on the earlier motion made by petitioner. After judgment appealed from was entered on April 16, 1973, the appellant, who already had started an action against the engineers, on May 5, 1973 joined the respondent in that action and pressed the same claims against the respondent as those involved in its demand for arbitration. The respondent filed an answer and served cross claims and a third-party complaint. The parties thereafter enagaged in disclosure and motion practice. Having continued with the prosecution of the action against respondent, at the same (time taking no action with reference to the prosecution of the arbitration appeal, the appellant is deemed to have waived its rights to arbitration. (Matter of Zimmerman [Cohen], 236 N. Y. 15; Oklahoma Pub. Go. V. Parsons & Wfiittemore, 255 App. Div. 589, 591; Matter of Ladin [DSC Textile Gorp.], 20 A D 2d 8, affd. 14 ,N Y 2d 781.) Concur — Markewich, J. P., Tilzer, Capozzoli and Nunez, JJ.

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Appeal from a judgment, Supreme Court, New York County, entered on April 16, 1973, granting the relief sought in the petition, without prejudice to respondent-appellant’s right to serve a new demand for arbitration, unanimously dismissed, without costs and without disbursements, -as prayed for on the earlier motion made by petitioner. After judgment appealed from was entered on April 16, 1973, the appellant, who already had started an action against the engineers, on May 5, 1973 joined the respondent in that action and pressed the same claims against the respondent as those involved in its demand for arbitration. The respondent filed an answer and served cross claims and a third-party complaint. The parties thereafter enagaged in disclosure and motion practice. Having continued with the prosecution of the action against respondent, at the same (time taking no action with reference to the prosecution of the arbitration appeal, the appellant is deemed to have waived its rights to arbitration. (Matter of Zimmerman [Cohen], 236 N. Y. 15; Oklahoma Pub. Go. V. Parsons & Wfiittemore, 255 App. Div. 589, 591; Matter of Ladin [DSC Textile Gorp.], 20 A D 2d 8, affd. 14 ,N Y 2d 781.) Concur — Markewich, J. P., Tilzer, Capozzoli and Nunez, JJ.

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Bluebook (online)

47 A.D.2d 621, 364 N.Y.S.2d 182, 1975 N.Y. App. Div. LEXIS 8776, Counsel Stack Legal Research, https://law.counselstack.com/opinion/jeter-cook-v-bennett-college-nyappdiv-1975.

Opinion

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