In Stark v. Molod Spitz DeSantis & Stark, P.C. (9 NY3d 59 [2007]), the Court of Appeals stated that " not every foray into the courthouse effects a waiver' ." Rather, a party's participation in the lawsuit must manifest an "affirmative acceptance'" of the judicial forum and must be " inconsistent with a later claim that only the arbitral forum was satisfactory' " (id. at 67).