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MATTER OF BARSANTI v. UBS ASSET MGT. (AMS.) INC.

Index No. 651926/19. Appeal No. 13043N. Case No. 2020-00291.

191 A.D.3d 421 (2021)

142 N.Y.S.3d 1

2021 NY Slip Op 00616

In the Matter of Peter F. Barsanti, Appellant, v. UBS Asset Management (Americas) Inc., Respondent.

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

Decided February 4, 2021.

Attorney(s) appearing for the Case

Rich, Intelisano & Katz, LLP, New York ( Jessica A. Murzyn of counsel), for appellant.

Riker Danzig Scherer Hyland & Perretti LLP, New York ( Labinot A. Berlajolli of counsel), for respondent.

Concur—Kapnick, J.P., Mazzarelli, Moulton, Shulman, JJ.

The parties' arbitration agreement does not obligate respondent to submit to arbitration of its dispute with petitioner before FINRA (see Matter of Belzberg v Verus Invs. Holdings Inc., 21 N.Y.3d 626, 630 [2013]). The agreement provides that arbitration of "Covered Claims," as therein defined, "shall be conducted either under the auspices and rules of [FINRA], where applicable, or JAMs." Thus, contrary to petitioner's contention...

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