IN THE MATTER OF JONES & COMPANY v. AMERICAN STOCK EXCHANGE


22 A.D.3d 319 (2005)

802 N.Y.S.2d 415

In the Matter of EDWARD D. JONES & COMPANY, Appellant, v. THE AMERICAN STOCK EXCHANGE, LLC, on Behalf of Itself and the Other Network B Participants in the CTA Plan and the CQ Plan, Respondent.

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

October 13, 2005.


The IAS court properly determined that the arbitrators should determine whether any of respondent's claims were time-barred, since the 1992 and 2004 agreements did not contain language indicating that the parties agreed to leave timeliness issues to the New York courts (Matter of Diamond Waterproofing Sys., Inc. v. 55 Liberty Owners Corp., 4 N.Y.3d 247 [2005]). As we held in Matter of Welltech, Inc. v. National Union Fire Ins...

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