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MATTER OF BRENNER (NOMURA SEC. INTL.)

228 A.D.2d 67 (1996)

652 N.Y.S.2d 249

In the Matter of the Arbitration between Andrew Brenner, Respondent, and Nomura Securities International, Appellant. New York Stock Exchange, Inc., Intervenor-Appellant

Appellate Division of the Supreme Court of the State of New York, First Department.

December 24, 1996

Attorney(s) appearing for the Case

Leslie D. Corwin of counsel, New York City (Jerome Tarnoff and Kieran X. Bastible on the brief; Morrison Cohen Singer & Weinstein, L. L. P., attorneys), for respondent.

Michael J. Dell of counsel, New York City (David A. French on the brief; Kramer, Levin, Naftalis & Frankel, attorneys), for appellant.

Russell E. Brooks of counsel, New York City (B. Kelly Kiser on the brief; Milbank, Tweed, Hadley & McCloy, attorneys), for intervenor-appellant.

ROSENBERGER, J. P., NARDELLI, TOM and MAZZARELLI, JJ., concur.

KUPFERMAN, J.

Petitioner was terminated from his position as a director and head government trader in the New York office of respondent Nomura Securities International on May 22, 1996. On or about May 23, 1996, petitioner filed a demand for arbitration against Nomura with the National Association of Securities Dealers, Inc. (NASD) alleging, inter alia, breach of the employment contract and a covenant of...

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