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CRAWFORD v. MERRILL LYNCH

41 A.D.2d 112 (1973)

James Crawford, Appellant, v. Merrill Lynch, Pierce, Fenner & Smith, Inc., et al., Respondents

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

February 28, 1973.

Attorney(s) appearing for the Case

Bond, Schoeneck & King (Robert E. Moses of counsel), for appellant.

Hancock, Estabrook, Ryan, Shove & Hust (Robert A. Small of counsel), for respondents.

Order entered March 12, 1971 — GOLDMAN, P. J., and DEL VECCHIO, J., concur with CARDAMONE, J.; SIMONS, J., dissents and votes to dismiss appeal as moot in opinion, in which WITMER, J., concurs.

CARDAMONE, J.

The appellant, James Crawford, was employed for two years as a securities salesman by respondent Merrill Lynch, Pierce, Fenner & Smith, Inc. (Merrill Lynch) in an office managed by respondent Pierson. He claims respondent owes him $8,850 for commissions he earned working for them and commenced an action seeking recovery. Respondent moved to dismiss the complaint and to compel arbitration under...

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