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MATTER OF DeMARTINO v. NEW YORK CITY DEPARTMENT OF TRANSPORTATION

1414.

67 A.D.3d 479 (2009)

890 N.Y.S.2d 7

2009 NY Slip Op 08073

In the Matter of GENE DeMARTINO, Respondent, v. NEW YORK CITY DEPARTMENT OF TRANSPORTATION et al., Appellants.

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

Decided November 10, 2009.

By proceeding to arbitration without moving for a stay, respondents waived their current claims that petitioner failed to comply with the conditions precedent to arbitration, i.e., had no right to arbitrate (see Matter of Commerce & Indus. Ins. Co. v Nester, 90 N.Y.2d 255, 261-262 [1997]), and that the arbitrator lacked jurisdiction to decide the dispute (see Matter of United Fedn. of Teachers, Local 2, AFT, AFL-CIO v Board...

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