Legal Opinion

Merrill Lynch, Pierce, Fenner & Smith Inc. v. Griesenbeck

Appellate Division of the Supreme Court of the State of New York

Decided July 6, 1967PublishedCited by 5 opinions

1Opinion of the CourtBotein, P. J.

The controversy between the parties stems from transactions which took place while plaintiff was a member firm of the New York Commodity Exchange, Inc., and defendant an individual member thereof, although he later g’avé up his membership. Section 232 óf the Exchange by-laws requires arbitration of any “ claims, dispute, difference or con: troversy ” between a member and a member firm “ arising out of any transaction in commodities made on the Exchange ’ ’. As defendant’s broker and for his account plaintiff engaged in transactions on the Exchange and on the London Metal Exchange, and by this…

2Cases cited3 opinions

  1. Marchant v. Mead-Morrison Manufacturing Co.New York Court of Appeals · 1929
  2. Matter of Lipman (Haeuser Shellac Co.)New York Court of Appeals · 1942
  3. Matter of Hesslein Co. v. GreenfieldNew York Court of Appeals · 1939

3Cited by5 opinions

  1. Berman v. Dean Witter & Co., Inc.California Court of Appeal · 1975
  2. Brown v. Gilligan, Will & Co.District Court, S.D. New York · 1968
  3. Walters v. FullwoodDistrict Court, S.D. New York · 1987
  4. Bastone v. Dial-A-House, Inc.New York Supreme Court · 1979
  5. In re the Arbitration between Koppel & KoppelAppellate Division of the Supreme Court of the State of New York · 1976

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