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MATTER OF DUNSEITH

56 N.Y.2d 582 (1982)

In the Matter of the Arbitration between James J. Dunseith et al., Respondents, and Paul L. Travia, Jr., et al., Appellants.

Court of Appeals of the State of New York.

Decided March 30, 1982.

Attorney(s) appearing for the Case

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.

Concur: Chief Judge COOKE and Judges JASEN, GABRIELLI, JONES, WACHTLER, FUCHSBERG and MEYER.

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...

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