MARKOWITZ v. MERRILL LYNCH


105 Misc.2d 971 (1980)

Stanley Markowitz, Plaintiff, v. Merrill Lynch, Pierce, Fenner & Smith, Inc., et al., Defendants.

Supreme Court, Special Term, Nassau County.

May 29, 1980.


Attorney(s) appearing for the Case

Richard W. Lyon for defendants. Kraver & Martin for plaintiff.


JOHN S. LOCKMAN, J.

Motion by defendant for an order pursuant to CPLR 7503 (subd [a]) staying the instant action and compelling arbitration is denied.

Plaintiff's complaint alleges four causes of action of which one is based upon alleged violations of the Commodities Exchange Act, as amended by the Commodities Futures Trading Commission Act of 1974 (US Code, tit 7, § 1 et seq.).

Plaintiff alleges that defendant, Sorty, while...

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