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FAHNESTOCK & CO., INC. v. WALTMAN

Nos. 927, 928, Dockets 90-7867, 90-7869.

935 F.2d 512 (1991)

In the Matter of the New York Stock Exchange Arbitration between, FAHNESTOCK & CO., INC., Petitioner-Appellant, Cross-Appellee, v. Joseph J. WALTMAN, Respondent-Appellee, Cross-Appellant.

United States Court of Appeals, Second Circuit.

Decided June 10, 1991.

Attorney(s) appearing for the Case

Lee D. Unterman, New York City (Patricia L. Moore, Broudy & Jacobson, New York City, of counsel), for petitioner-appellant, cross-appellee.

Robert Scandone, Philadelphia, Pa. (Mark J. Astarita, Gusrae, Kaplan & Bruno, New York City, Jane R. Goldberg, of counsel), for respondent-appellee, cross-appellant.

Paul Windels III, New York City (Perry & Windels, New York City, William J. Fitzpatrick, Gerard J. Quinn, New York City, of counsel), submitted a brief for amicus curiae the Securities Industry Ass'n, Inc.

Before VAN GRAAFEILAND, MINER and MAHONEY, Circuit Judges.

MINER, Circuit Judge:

Petitioner-appellant, Fahnestock & Co., Inc. ("Fahnestock") appeals from a judgment entered in the United States District Court for the Southern District of New York (Leisure, J.) confirming the compensatory damages portion of an arbitration award in favor of its former employee, Joseph J. Waltman. Waltman cross-appeals from the same judgment insofar as it vacates the punitive damages portion of the arbitration award.

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