Pratt

Plaintiff, Deborah Pratt, has moved to dismiss the appeal of defendants, Gursey, Schneider & Co., Michael Miskei, and David Cantor. Plaintiff contends that defendants have waived the right to secure appellate review of a binding arbitration award. We agree.

On June 2, 1992, Gursey, Schneider & Co. entered into an engagement agreement with plaintiff to provide her accounting services in connection with a dissolution of marriage proceeding. The June 2, 1992, engagement agreement provides: “Any controversy or claim arising out of this agreement or the performance of services pursuant thereto shall be settled by binding arbitration in accordance with the commercial arbitration rules of the American Arbitration Association, and [judgments] upon the award rendered by the arbitrator may be entered in any court having jurisdiction.” On March 25, *1107 1997, plaintiff served a document entitled “Demand for Arbitration.” On April 22, 1997, plaintiff filed a complaint for breach of contract and fiduciary duty as well as professional negligence. On December 12, 1997, a motion to compel arbitration was granted. The parties were directed by the trial court to attempt to agree upon an…