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SUMMIT RESTAURAUNT REPAIRS & SALES, INC. v. NEW YORK CITY DEPARTMENT OF EDUCATION

Index No. 651845/12. Appeal No. 15160-15160A. Case Nos. 2020-04233, 2021-01095.

201 A.D.3d 612 (2022)

162 N.Y.S.3d 329

2022 NY Slip Op 00526

Summit Restauraunt Repairs & Sales, Inc., Appellant, v. New York City Department of Education, Respondent.

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

Decided January 27, 2022.

Attorney(s) appearing for the Case

La Reddola, Lester & Associates, LLP, Garden City (Robert J. La Reddola of counsel), for appellant.

Georgia M. Pestana, Corporation Counsel, New York (Benjamin H. Pollak of counsel), for respondent.

Concur—Acosta, P.J., Renwick, Moulton, Scarpulla, Higgitt, JJ.

By participating in this litigation, including discovery, for seven years, defendant waived its right to compel plaintiff to submit its claims to the dispute resolution process called for under the parties' contract (see Sherrill v Grayco Bldrs., 64 N.Y.2d 261, 273-274 [1985]; De Sapio v Kohlmeyer, 35 N.Y.2d 402, 405-406 [1974]). Furthermore, we cannot conclude on the record before us that...

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