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SMITH BARNEY, HARRIS UPHAM & CO. INC. v. LUCKIE

245 A.D.2d 17 (1997)

665 N.Y.S.2d 74

Smith Barney, Harris Upham & Co. Incorporated, Appellant, v. Charlie Luckie, Jr., et al., Respondents, and Doris Kahn, Respondent

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

December 4, 1997

As is here relevant, petitioner sought to stay arbitration of respondents' claims upon the ground that the claims had not been timely interposed. Supreme Court denied the petition, holding that respondents' claims were in fact timely under New York law. We, thereafter, affirmed the denial of the petition (198 A.D.2d 87), but did so without passing upon the timeliness of respondents' claims; we held instead that arbitration should proceed...

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