Linda A. Stark, Esq., Respondent v. Molod Spitz DeSantis & Stark, P.C., Appellants

Summary

The New York Court of Appeals reversed the Appellate Division’s order that stayed the plaintiff’s gender‑discrimination claim and compelled arbitration, holding that the law firm did not waive its contractual right to compel arbitration by participating in the earlier special proceeding and related litigation. The court affirmed that participation in the courts, absent an affirmative acceptance of the judicial forum, does not constitute a waiver of arbitration. The matter was remanded for further proceedings consistent with this holding.