10/15/2026
Congratulations to Appellate Partner Amy E. Bedell for securing a victory for our client in the New York Appellate Division, Second Department. In an action involving personal injuries sustained in a vehicle fire, the co-defendant moved to compel arbitration nearly two years after the action was commenced and after 18 months of active litigation and discovery. The trial court denied the motion, and the Second Department affirmed, finding that the right to compel arbitration had been forfeited. This result protects our client from being drawn into a belated arbitration proceeding after the parties already had engaged in substantial litigation. The decision underscores that a party cannot avail itself of the Courts’ processes and then seek to shift the forum when convenient.
