STRATTNER v. CABRINI MEDICAL CENTER

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.