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SCOTT v. FIRST UNION SEC.

195 Misc.2d 713 (2003)

761 N.Y.S.2d 770

JANNEY M. SCOTT, Petitioner, v. FIRST UNION SECURITIES, INC., et al., Respondents.

Supreme Court, Albany County.

January 13, 2003.

Attorney(s) appearing for the Case

Harvey & Mumford, Albany (Brian F. Mumford of counsel), for petitioner.

Stark & Stark, Lawrenceville, New Jersey (Matthew T. Lehman of counsel), for respondents.

OPINION OF THE COURT

JOSEPH C. TERESI, J.

Petitioner has commenced a special proceeding pursuant to article 75 of the CPLR seeking to stay arbitration before the New York Stock Exchange (hereinafter NYSE), on grounds that respondent First Union Securities, Inc. (hereinafter FUSI) has waived its right to arbitrate before the NYSE by commencing arbitration before the National Association of Securities Dealers ...

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