McMahan Securities Co. L.P. v. Aviator Master Fund, Ltd.

*327The 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 AD2d 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 arbitrate is contained in the subscription agreements entered into by respondents and nonparty Strategy Real Estate Investments, Ltd.

Petitioner, which is not a…