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LISSACK v. SMITH BARNEY, INC.

232 A.D.2d 348 (1996)

648 N.Y.S.2d 611

Michael R. Lissack, Appellant, v. Smith Barney, Inc., Respondent

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

October 31, 1996

Since the New York Stock Exchange arbitration rules cited in the record do not provide a specific mechanism for enforcing compliance with subpoenas, petitioner would not necessarily have been precluded from seeking a judicial order compelling compliance (CPLR 2308 [b]; Matter of Cotter v Shearson Lehman Hutton, 145 Misc.2d 235, 236-237). Here, however, petitioner waived any such recourse...

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