1. Home
  2. Browse Decisions
  3. A.D.3d
  4. 191 A.D.3d
  5. 191 A.D.3d 494 (2021)
 

WALLACE v. TRI-MED HOME CARE SERVS., INC.

Index No. 157235/17. Appeal No. 13097N. Case No. 2020-01551.

191 A.D.3d 494 (2021)

138 N.Y.S.3d 313

2021 NY Slip Op 00821

Saida Wallace, Respondent, v. Tri-Med Home Care Services, Inc., Appellant.

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

Decided February 9, 2021.

Attorney(s) appearing for the Case

Crowell & Moring LLP, New York ( Eric Su of counsel), for appellant.

Virginia & Ambinder, LLP, New York ( LaDonna M. Lusher and Michele Moreno of counsel), for respondent.

Concur—Manzanet-Daniels, J.P., Gische, González, Shulman, JJ.

The court properly determined that, by participating in this lawsuit over the course of two years before filing its motion to compel arbitration, defendant waived its right to assert that this action is barred by the arbitration agreement (see JSBarkats PLLC v Response Scientific Inc., 149 A.D.3d 652, 652 [1st Dept 2017]; see Flores v Lower E. Side Serv. Ctr., Inc., 4 N.Y.3d 363, 371-372...

Let's get started

Leagle.com

Welcome to the leading source of independent legal reporting
Sign on now to see your case.
Or view more than 10 million decisions and orders.

  • Updated daily.
  • Uncompromising quality.
  • Complete, Accurate, Current.

Listed below are the cases that are cited in this Featured Case. Click the citation to see the full text of the cited case. Citations are also linked in the body of the Featured Case.

Cited Cases

  • No Cases Found

Listed below are those cases in which this Featured Case is cited. Click on the case name to see the full text of the citing case.

Citing Cases