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

267 A.D.2d 120 (1999)

699 N.Y.S.2d 689

KIDDER, PEABODY & CO., INC., Respondent, v. JOSEPH A. HENEHAN, Appellant.

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

Decided December 16, 1999.

The subject Customer Agreement, although providing for arbitration of any disputes arising thereunder, included a New York choice of law provision effectively incorporating New York's rule that threshold Statute of Limitations questions are for the courts (see, Matter of Smith Barney, Harris Upham & Co. v Luckie, 85 N.Y.2d 193, cert denied sub nom. Manhard v Merrill Lynch, Pierce, Fenner & Smith, 516 U.S. 811; see...

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