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WOLF & CO. v. BROS.

161 Misc.2d 98 (1994)

613 N.Y.S.2d 319

F.N. Wolf & Co., Plaintiff, v. John D. Brothers, Defendant.

Supreme Court, New York County.

April 29, 1994

Attorney(s) appearing for the Case

Smith Campbell & Paduano, New York City (Anthony Paduano of counsel), for defendant. Michael Q. Carey, New York City (August C. Venturini of counsel), for plaintiff.

HERMAN CAHN, J.

This motion raises the issue of whether an amendment to the National Association of Securities Dealers (NASD) Code of Arbitration Procedure, effectively barring waivers of the right to arbitrate, such as are involved herein, has retroactive effect. Two Justices of this court have arrived at conflicting results: Wolf & Co. v Egan (NYLJ, Feb. 15, 1994, at 24, col 6 [Solomon, J.], finding...

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