Nagy v. Arcas Brass & Iron Co.
Cases that cite this one
31 later published cases cite this decision. The 25 that cite it most often are listed here.
- Spano v. V & J National Enterprises, LLC (District Court, W.D. New York 2017)
- Batter Building Materials Co. v. Kirschner (Conn. 1954)
- Squire's Department Store, Inc. v. Dudum (Cal. Ct. App. 1953)
- Fremont Cake & Meal Co. v. Wilson & Co. (United States District Court, Nebraska 1949)
- Pathe Laboratories, Inc. v. Du Pont Film Mfg. Corp. (District Court, S.D. New York 1943)
- Krauss Bros. Lumber v. Louis Bossert & Sons, Inc. (2d Cir. 1933)
- Callen v. ILKB LLC (District Court, E.D. New York 2022)
- Les Constructions Beauce-Atlas, Inc. v. Tocci Building Corp. (Appellate Division of the Supreme Court of New York 2002)
- Sherrill v. Grayco Builders, Inc. (N.Y. 1985)
- Plateis v. Flax (Appellate Division of the Supreme Court of New York 1976)
- Board of Education, Utica School District No. 1 v. Delle Cese (New York Supreme Court 1971)
- Olsen & Chapman Construction Co. v. Village of Cazenovia (Appellate Division of the Supreme Court of New York 1970)
- H. M. Hamilton & Co. v. American Home Assurance Co. (Appellate Division of the Supreme Court of New York 1964)
- In re Arbitration Between S. M. Wolff Co. & Tulkoff (N.Y. 1961)
- In re the Arbitration between New York Central Railroad & Erie Railroad (New York Supreme Court 1961)
- Board of Education of Central School District No. 1 v. Mancuso Bros. (New York Supreme Court 1960)
- Simon v. Vogel (New York Supreme Court 1960)
- Kalin Contracting Co. v. Picram Construction Corp. (Appellate Division of the Supreme Court of New York 1959)
- Clearview Gardens First Corp. v. Little Bay Construction Corp. (Appellate Division of the Supreme Court of New York 1957)
- Crompton-Richmond Co. v. William Nelligan, Inc. (City of New York Municipal Court 1956)
- Klein Coat Corp. v. Peretz (New York Supreme Court 1956)
- American Reserve Insurance v. China Insurance (N.Y. 1948)
- Blum v. Oxman (New York Supreme Court 1947)
- In re Dandy Dress, Inc. (New York Supreme Court 1942)
- In re Ralph Catino Contracting Co. (New York Supreme Court 1940)
This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.
Opinion of the Court
A party to an arbitration agreement may waive his rights thereunder. (Matter of Zimmerman v. Cohen, 236 N. Y. 15.) A refusal by him to arbitrate upon demand duly made by the other side constitutes such a waiver. So if sued, while the interposition by him of an answer claiming his right to arbitrate, even if he also pleads an independent counterclaim, is not in itself sufficient to justify a refusal of relief asked for under sections 3 and 5 of the Arbitration Law (Cons. Laws, ch. 72), yet unreasonable delay in making the proper application may justify a finding of waiver. While the agreement to arbitrate is not itself properly pleaded either as a defense or a counterclaim, when pleaded it is no less an assertion that the defendant does not intend to abandon his rights, and so rebuts any inference that would other *99 wise be drawn from the mere service of the answer. (Matter of Hosiery Manufacturers Corp. v. Goldston, 238 N. Y. 22.) But the Arbitration Law contemplates prompt action and too long a delay in seeking appropriate relief may be easily construed as an indication that this claim is waived.
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.
His cock, Ch. J., Pound, McLaughlin, Crane, Andrews and Lehman, JJ., concur; Cardozo, J., absent.
Order affirmed.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.