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McMAHAN SECURITIES CO. L.P. v. AVIATOR MASTER FUND, LTD.

57 A.D.3d 326 (2008)

868 N.Y.S.2d 669

McMAHAN SECURITIES CO. L.P., Appellant, v. AVIATOR MASTER FUND, LTD., et al., Respondents.

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

December 16, 2008.

The court correctly found that respondents were the customers of petitioner, a member of the National Association of Securities Dealers (NASD) (now the Financial Industry Regulatory Authority) (see Financial Network Inv. Corp. v Becker, 305 A.D.2d 187, 188 [2003]), and therefore that petitioner must arbitrate pursuant to rule 12200 of the NASD Code of Arbitration. Contrary to petitioner's contention, no waiver of the obligation to...

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