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FITZGERALD v. FAHNESTOCK & CO., INC.

48 A.D.3d 246 (2008)

850 N.Y.S.2d 452

PAUL FITZGERALD, Respondent, v. FAHNESTOCK & CO., INC., et al., Appellants.

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

Decided February 7, 2008.

Respondents argue on appeal that the Federal Arbitration Act (FAA) (9 USC § 1 et seq.) governs the arbitration of this dispute, including review of the arbitration award. While petitioner now takes the position that the standard of review is governed by CPLR article 75, he conceded below that since the dispute concerned employment in the securities industry, the standard of review set forth in the FAA is applicable (see e.g. Matter of Salvano v Merrill Lynch...

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