Legal Opinion

AXA Equitable Life Insurance v. Kalina

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

Decided December 21, 2012No. Appeal No. 1Published

1Opinion of the Court

Memorandum: Plaintiffs, which are financial services firms, commenced this breach of contract action against the individual defendants, who are former financial advisors for plaintiffs, and defendant Diversified Wealth Strategies, LLC, the limited liability corporation formed by the individual defendants. Defendants moved to stay the action and to compel arbitration before the Financial Industry Regulatory Authority (FINRA) on the ground that plaintiff AXA Advisors, LLC (AXA Advisors) was a FINRA member firm and the individual defendants were all FINRA representatives, thus rendering…

2Cases cited9 opinions

  1. Empire Insurance v. Food City, Inc.Appellate Division of the Supreme Court of the State of New York · 1990
  2. De Sapio v. KohlmeyerNew York Court of Appeals · 1974
  3. Dalton v. City of Saratoga SpringsAppellate Division of the Supreme Court of the State of New York · 2004
  4. Lindsay v. Funtime, Inc.Appellate Division of the Supreme Court of the State of New York · 1992
  5. State Farm Mutual Automobile Insurance v. WernickAppellate Division of the Supreme Court of the State of New York · 1982

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