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KIDDER, PEABODY & CO., INC. v. SANDERS

235 A.D.2d 250 (1997)

652 N.Y.S.2d 276

Kidder, Peabody & Co., Inc., Appellant, v. Martin Sanders et al., Respondents Kidder, Peabody & Co., Inc., Appellant, v. Rita Margareten et al., Respondents Kidder, Peabody & Co., Inc., Appellant, v. Frederick Dettori et al., Respondents

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

January 14, 1997

There being no arbitration agreement between the parties, respondents are entitled to arbitrate their claims before the American Arbitration Association (AAA) by reason of petitioner's membership with AMEX, whose constitution (art VIII, § 2) the so-called "AMEX window," provides:

"Arbitration shall be conducted under the arbitration procedures of this Exchange, except as follows * * * "(c) if any of the parties to a controversy is a customer, the customer...

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