F.N. Wolf & Co. v. Brothers

*99OPINION OF THE COURT

Herman Cahn, J.

This motion raises the issue of whether an amendment to the National Association of Securities Dealers (NASD) Code of Arbitration Procedure, effectively barring waivers of the right to arbitrate, such as are involved herein, has retroactive effect. Two Justices of this court have arrived at conflicting results: Wolf & Co. v Egan (NYLJ, Feb. 15, 1994, at 24, col 6 [Solomon, J.], finding the clause had retroactive effect), and Wolf & Co. v Carter (NYLJ, Feb. 15, 1994, at 24, col 2 [Shainswit, J.], finding the clause had no retroactive effect).

The undersigned…