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SIMADIRIS v. HOTEL WALDORF ASTORIA CORP.

281 A.D. 665 (1952)

Elias Simadiris, Suing on Behalf of Himself and All Other Banquet Waiters in the Employ of Hotel Waldorf Astoria Corporation, Similarly Situated, Appellant, v. Hotel Waldorf Astoria Corporation, Respondent, and New York Hotel Trades Council, A. F. of L., Intervener, Respondent

Appellate Division of the Supreme Court of the State of New York, First Department.

December 16, 1952.

MEMORANDUM BY THE COURT.

The defendant-respondent waived its right to demand arbitration by the steps which it took in defending the action at law. Such conduct amounted to an election of remedies (Matter of Zimmerman [Cohen], 236 N.Y. 15; Matter of Nathan Associates, 268 N.Y. 692). The provisions of the collective bargaining agreement against waiver would not prevent such election. The present action is brought...

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