150 N.E. 614 | NY | 1926
A party to an arbitration agreement may waive his rights thereunder. (Matter of Zimmerman v. Cohen,
Upon the record before us the Appellate Division may have affirmed the order of the Special Term either because it found that the defendant had refused to arbitrate before the action was begun or else that because of the great delay on its part it intended to waive what would otherwise have been its right. In view of this possibility we may not interfere with the result reached by it.
The order appealed from should be affirmed, with costs.
HISCOCK, Ch. J., POUND, McLAUGHLIN, CRANE, ANDREWS and LEHMAN, JJ., concur; CARDOZO, J., absent.
Order affirmed.