Pupiales v. BLDG Mgt. Co., Inc.

126 A.D.3d 491, 2 N.Y.S.3d 798, 2015 NY Slip Op 01988, 2015 N.Y. App. Div. LEXIS 2008

• Court: Appellate Division of the Supreme Court of the State of New York
• Decided: March 12, 2015
• Docket: 14490N 158098/12
• Status: Published

Opinion

Order, Supreme Court, New York County (Anil C. Singh, J.), entered on or about January 22, 2014, which, insofar as appealed from as limited by the briefs, granted defendants’ motion to compel arbitration and to stay this action pending arbitration proceedings, and denied plaintiffs motion for an order compelling defendant Rishi Patraju to submit to oral swab DNA testing, unanimously affirmed, without costs.

Plaintiff waived any objection to arbitration in light of her union’s commencement of the arbitration proceedings on her behalf (see Matter of National Cash Register Co. [Wilson], 8 NY2d 377, 382-383 [1960]; Matter of RRN Assoc. [DAK Elec. Contr. Corp.], 224 AD2d 250 [1st Dept 1996]).

In light of its order compelling arbitration, the motion court providently exercised its discretion in denying plaintiffs application to compel DNA testing of Patraju.

Concur — Gonzalez, P.J., Tom, Richter and Kapnick, JJ.