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In re the Arbitration between Dunseith & Travia

56 N.Y.2d 582 Court N.Y. Decision date 1982-03-30 English

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p. 582
In the Matter of the Arbitration between James J. Dunseith et al., Respondents, and Paul L. Travia, Jr., et al., Appellants.
Decided March 30, 1982
p. 583
APPEARANCES OF COUNSEL
Donald G. Hausman for appellants.
Michael B. Evanoff and James W. Harbison for James J. Dunseith and others, respondents.
Gandolfo V. Di Blasi for Bache Halsey Stuart Shields, Inc., respondent.
p. 584
OPINION OF THE COURT

On review of submissions pursuant to rule 500.2 (b) of the Rules of the Court of Appeals (22 NYCRR 500.2 [b]), order reversed, with costs, and judgment and order of Special Term (1) granting a request to compel arbitration, and (2) denying a motion to stay arbitration reinstated. Whichever version of the NASD Code of Arbitration Procedure applies to this dispute, under the agreement of the parties, it is for the arbitrators, rather than the courts, to determine whether a particular dispute is arbitrable (see Matter of MPG Capital u Nick, 56 NY2d 515 ).

Concur: Chief Judge Cooke and Judges Jasen, Gabrielli, Jones, Wachtler, Fuchsberg and Meyer.

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