Petitioner employer, upon its own application, procured an early trial in the Municipal Court of the same issues that are the subject matter of the proposed submission to arbitration. By thus proceeding to trial petitioner clearly made an election that is inconsistent with its present claim that the parties are obligated to proceed to arbitration, and it thereby waived the arbitration provisions of the contract (Matter of Zimmerman v. Cohen, 236 N.Y. 15). We therefore...
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