Opinion
November 17, 1997
Appeal from the Supreme Court, Kings County (Levine, J.).
Ordered that the order is affirmed, with costs.
Even if the arbitration clause were enforceable, the appellant waived his right to arbitrate by actively participating in this litigation prior to making his belated demand for arbitration ( see, Sherrill v. Grayco Bldrs., 64 N.Y.2d 261; Friedman v 125 Div. Realty, 195 A.D.2d 497, 498).
The appellant's remaining contention, raised for the first time on appeal, is not properly before this Court, and, in any event, without merit.
Sullivan, J. P., Friedmann, Florio and McGinity, JJ., concur.