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FIRST BOSTON CORP v. PITOFSKY

4 N.Y.3d 149 (2005)

824 N.E.2d 929

791 N.Y.S.2d 489

CREDIT SUISSE FIRST BOSTON CORPORATION, Appellant, v. WILLIAM PITOFSKY et al., Respondents.

Court of Appeals of the State of New York.

Decided February 10, 2005.

Attorney(s) appearing for the Case

Quinn Emanuel Urquhart Oliver & Hedges, LLP, New York City (Michael B. Carlinsky, Kevin S. Reed and Partha P. Chattoraj of counsel), Pierre M. Gentin, George C. Whipple III, and Gideon A. Schor for appellant. I.

Wechsler & Cohen, LLP, New York City (David B. Wechsler and Marc O. Sheridan of counsel), for respondents.

Chief Judge KAYE and Judges G.B. SMITH, CIPARICK, GRAFFEO, READ and R.S. SMITH concur.

OPINION OF THE COURT

ROSENBLATT, J.

This appeal calls upon us to address two questions. First, can an arbitration clause of a privately negotiated employment agreement between a broker-dealer and its registered representative employees supersede the arbitration provisions of an earlier agreement between the employees and the New York Stock Exchange? Second, under...

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