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  5. 85 N.Y.2d 193 (1995)
 

MTR OF SMITH BARNEY v. LUCKIE

85 N.Y.2d 193 (1995)

647 N.E.2d 1308

623 N.Y.S.2d 800

In the Matter of Smith Barney, Harris Upham & Co., Inc., Appellant, v. Charlie Luckie, Jr., et al., Respondents, and Doris Kahn, Respondent. In the Matter of Merrill Lynch, Pierce, Fenner & Smith, Inc., et al., Appellants, v. Margaret B. Manhard, Respondent.

Court of Appeals of the State of New York.

Decided February 21, 1995.

Attorney(s) appearing for the Case

Orrick, Herrington & Sutcliffe, New York City (Lawrence E. Fenster and Francis S. Chlapowski of counsel), and Paul K. Barenholtz for appellant in the first above-entitled proceeding.

Deutsch & Lipner, Garden City (Seth Lipner of counsel), for Doris Kahn, respondent in the first above-entitled proceeding.

Orrick, Herrington & Sutcliffe, New York City (Lawrence E. Fenster and Francis S. Chlapowski of counsel), for appellants in the second above-entitled proceeding.

Michael Goergen, of the District of Columbia Bar, admitted pro hac vice, Deutsch & Lipner, Garden City, and Sims, Walker & Stienfeld (John R. Sims, Jr., and Steve Larson-Jackson, of the District of Columbia Bar, admitted pro hac vice, of counsel), for respondent in the second above-entitled proceeding.

Chief Judge KAYE and Judges SIMONS, BELLACOSA, SMITH and CIPARICK concur with Judge TITONE; Chief Judge KAYE concurs in a separate concurring opinion; Judge LEVINE taking no part.

TITONE, J.

These two appeals arise from controversies concerning separate securities transactions undertaken by two securities brokers on behalf of two unrelated investors. The common issue presented is whether the Appellate Division in each case properly held that the timeliness of claims sought to be arbitrated pursuant to an agreement governed by the Federal Arbitration Act (FAA) is a question reserved to...

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