Summary
finding that plaintiff waived any objection to arbitration where her union commenced arbitration proceedings on her behalf
Summary of this case from Charter Commc'ns v. GarfinOpinion
2015-03-12
Doris PUPIALES, Plaintiff–Appellant, v. BLDG MANAGEMENT CO., INC., et al., Defendants–Respondents.
David J. Hernandez & Associates, Brooklyn (David J. Hernandez of counsel), for appellant. Littler Mendelson, P.C., New York (Joel L. Finger of counsel), for respondents.
David J. Hernandez & Associates, Brooklyn (David J. Hernandez of counsel), for appellant. Littler Mendelson, P.C., New York (Joel L. Finger of counsel), for respondents.
Order, Supreme Court, New York County (Anil C. Singh, J.), entered on or about January 22, 2014, which, insofar as appealed from as limited by the briefs, granted defendants' motion to compel arbitration and to stay this action pending arbitration proceedings, and denied plaintiff's motion for an order compelling defendant Rishi Patraju to submit to oral swab DNA testing, unanimously affirmed, without costs.
Plaintiff waived any objection to arbitration in light of her union's commencement of the arbitration proceedings on her behalf( see Matter of National Cash Register Co. [Wilson], 8 N.Y.2d 377, 382–383, 208 N.Y.S.2d 951, 171 N.E.2d 302 [1960]; Matter of RRN Assoc. [DAK Elec. Contr. Corp.], 224 A.D.2d 250, 637 N.Y.S.2d 409 [1st Dept.1996] ). In light of its order compelling arbitration, the motion court providently exercised its discretion in denying plaintiff's application to compel DNA testing of Patraju. GONZALEZ, P.J., TOM, RICHTER, KAPNICK, JJ., concur.