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KIDDER PEABODY & CO v. MARVIN

161 Misc.2d 12 (1994)

613 N.Y.S.2d 1011

Kidder, Peabody & Co. Incorporated et al., Petitioners, v. Donna L. Marvin, Respondent. In the Matter of Smith Barney Shearson Inc. et al., Petitioners, v. Muriel Rosenfield et al., as Personal Representatives of The Estate of Nat Gold, Deceased, Respondents.

Supreme Court, New York County.

March 28, 1994

Attorney(s) appearing for the Case

Orrick, Herrington & Sutcliffe, New York City (Lawrence E. Fenster of counsel), for Kidder, Peabody & Co. Inc. and another, petitioners. William Hohauser, New York City, for Smith Barney Shearson Inc. and another, petitioners. Deutsch & Lipner, Garden City (Seth E. Lipner of counsel), for respondents.

STEPHEN G. CRANE, J.

These proceedings to stay arbitrations present common issues. Primarily, these are: what constitutes participation in arbitration; and can jurisdiction be obtained over a claimant simply because he or she agreed to arbitrate pursuant to the rules of a tribunal located in New York. These proceedings are consolidated for purposes only of this opinion.

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