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MERRILL LYNCH, PIERCE v. GRIESENBECK

28 A.D.2d 99 (1967)

Merrill Lynch, Pierce, Fenner & Smith Incorporated, Respondent, v. Lou Griesenbeck, Appellant

Appellate Division of the Supreme Court of the State of New York, First Department.

July 6, 1967.

Attorney(s) appearing for the Case

Pieter J. Kooiman of counsel (Abraham Kaufman with him on the brief; Abberley Kooiman Amon Marcellino & Clay, attorneys), for appellant.

Walter G. McNeill of counsel (Louis B. Eten and James B. May with him on the brief; Brown, Wood, Fuller, Caldwell & Ivey, attorneys), for respondent.

STEVENS, TILZER and McNALLY, JJ., concur with BOTEIN, P. J.; McGIVERN, J., dissents in opinion.

BOTEIN, P. J.

The controversy between the parties stems from transactions which took place while plaintiff was a member firm of the New York Commodity Exchange, Inc., and defendant an individual member thereof, although he later gave up his membership. Section 232 of the Exchange by-laws requires arbitration of any "claims, dispute, difference or controversy" between a member and a member firm "arising out of...

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