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Cowen & Co. v. Anderson

155 A.D.2d 243 Court N.Y. App. Div. Decision date 1989-11-02 English

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p. 243
In the Matter of Cowen & Company et al., Appellants, v Jeffrey M. Anderson, Respondent.

— Judgment, Supreme Court, New York County (David B. Saxe, J.), entered March 28, 1989, in this CPLR article 75 proceeding, denying a stay of arbitration, is unanimously affirmed, with costs.

The parties, the respondent customer demanding arbitration and the petitioners’ stock broker and representative, agreed to arbitration "in accordance with the rules [of] * * * the American Stock Exchange”. The rules allow a customer to select arbitration before the American Arbitration Association. This was done, and nothing in the agreement between the parties limited the arbitration to the American Stock Exchange. Concur — Kupferman, J. P., Carro, Asch, Kassal and Rosenberger, JJ.