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HARRIS v. SHEARSON HAYDEN

82 A.D.2d 87 (1981)

Jack Harris et al., Appellants, v. Shearson Hayden Stone, Inc., Respondent

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

July 9, 1981

Attorney(s) appearing for the Case

Samuel L. Newman of counsel (Leon S. Harris with him on the brief; Northrop & Jessop, attorneys), for appellants.

Chester J. Straub of counsel (Francis J. Menton and Joseph T. Baio with him on the brief; Willkie Farr & Gallagher, attorneys), for respondent.

ROSS and FEIN, JJ., concur with SULLIVAN, J.; SANDLER and BLOOM, JJ., dissent in separate opinions.

SULLIVAN, J.

Defendant Shearson Hayden Stone, Inc., a securities and commodities broker, sued by two of its customers, Dr. & Mrs. Harris, for breach of fiduciary duty in the handling of their commodities account, successfully moved at Special Term (102 Misc.2d 635) to compel arbitration and to stay the action pending determination of the arbitration proceeding. Plaintiffs...

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