BRAUN EQUIP., INC. v. MELI BORELLI ASSOC

The only litigation activity of defendant-respondent was the service of routine pleadings, with no more detail than was minimally necessary, and which, under the circumstances, did not constitute particularized assertions of any right to substantive relief. Thus, the IAS Court correctly determined that defendant-respondent had not waived its right to arbitration since it had not "actively participated" in the litigation process and therefore had not "manifested an affirmative acceptance of the judicial process" ( Jorge v. Sutton, 134 A.D.2d 573, lv denied 71 N.Y.2d 807).

Concur — Sullivan, J.P., Kupferman, Williams and Tom, JJ.