RUTELLA v. NATIONAL SEC. CORP.

2017-03539, Index No. 601067/16.

172 A.D.3d 1124 (2019)

2019 NY Slip Op 03833

Nico Rutella, Individually and on Behalf of All Others Similarly Situated Who were Employed by National Securities Corporation, National Holdings Corporation and/or Any Other Entities Affiliated with or Controlled by National Securities Corporation and/or National Holdings Corporation, Appellant, v. National Securities Corporation et al., Respondents.

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

Decided May 15, 2019.


Ordered that the order is reversed insofar as appealed from, on the law, with costs, and that branch of the defendants' motion which was to compel arbitration of the plaintiff's individual claims and stay all proceedings in the action pending arbitration is denied.

The plaintiff executed a Registered Representative Independent Contractor Agreement (hereinafter the Agreement) pursuant to which he allegedly worked selling or marketing financial products on behalf of...

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