In Island Cash Register, Inc. v. Data Terminal Sys., Inc., 244 A.D.2d 117, 676 N.Y.S.2d 146 (1st Dept. 1998), the defendant's "participation" in the lawsuit was limited to the filing of an answer to the complaint -- an action which, without more, does not constitute acceptance of the judicial forum. See Flynn v. Labor Ready Inc., 6 A.D.3d 492, 493, 775 N.Y.S.2d 357, 359 (2nd Dept. 2004). The plaintiff in Island argued that the defendant had waived its arbitration argument because of its failure to raise arbitration as an affirmative defense in the answer. The Court noted that the affirmative defense of "arbitration and award" did not apply as there had been neither an arbitration nor an award. See Island, 244 A.D.2d at 121, 676 N.Y.S.2d at 148. Island does not hold that a waiver argument should be disregarded regardless of a party's conduct.