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Strattner v. Cabrini Medical Center

Appellate Division of the Supreme Court of New York, First Department
Jan 28, 1999
257 A.D.2d 549 (N.Y. App. Div. 1999)

Opinion

January 28, 1999.

Appeal from the Supreme Court, New York County (Stuart Cohen, J.).


Plaintiff's whistleblower claims fall within the scope of the parties' broad arbitration agreement. By serving a demand for arbitration, plaintiff initiated a process that has resulted in an arbitration award in favor of defendant on the very whistleblower claims that plaintiff seeks to litigate, with plaintiff's full participation in that process. We note that at no time did plaintiff seek to withdraw his demand for arbitration. Notwithstanding plaintiff's unsuccessful attempt to stay that process pending this appeal, he will not now be heard to assert whatever right he may have had originally to opt for litigation ( cf., Roggio Nationwide Mut. Ins. Co., 66 N.Y.2d 260, 263; Clemens v. Apple, 65 N.Y.2d 746).

Concur — Ellerin, J.P., Wallach, Tom and Andrias, JJ.


Summaries of

Strattner v. Cabrini Medical Center

Appellate Division of the Supreme Court of New York, First Department
Jan 28, 1999
257 A.D.2d 549 (N.Y. App. Div. 1999)
Case details for

Strattner v. Cabrini Medical Center

Case Details

Full title:CHRISTOPHER STRATTNER, Appellant, v. CABRINI MEDICAL CENTER, Respondent

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

Date published: Jan 28, 1999

Citations

257 A.D.2d 549 (N.Y. App. Div. 1999)
682 N.Y.S.2d 594

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