Respondent's filing of a CPLR article 75 petition to stay the arbitration sought by petitioner on the grounds that the arbitration agreement was invalid due to fraud did not constitute a waiver of her right to arbitrate her counterclaims ( see Matter of Heilman [Casella], 188 AD2d 294, lv denied 82 NY2d 652). Given that petitioner initiated the arbitration and successfully moved to dismiss respondent's petition to stay the arbitration, petitioner is not entitled to stay the arbitration of respondent's counterclaims on statute of limitations grounds ( see CPLR 7503 [b]; Morfopoulos v Lundquist, 191 AD2d 197).
Sanctions against petitioner are not warranted.
[Prior Case History: 2010 NY Slip Op 32936(U).]