Legal Opinion
Wen Zong Yu v. Charles Schwab & Co.
Appellate Terms of the Supreme Court of New York
Decided November 17, 2011PublishedCited by 3 opinions
1Opinion of the Court
OPINION OF THE COURT
Memorandum.
Ordered that the judgment is reversed, without costs, the order granting defendant’s motion to dismiss the action is vacated, defendant’s motion is denied, and the action is reinstated.
Plaintiff, a client of defendant brokerage firm, commenced this small claims action to recover the sum of $4,800 in accounting overcharges. At the commencement of the nonjury trial, defendant orally moved to dismiss the action, apparently pursuant to CPLR 3211 (a) (1), arguing that the dispute was subject to an arbitration clause contained in a brokerage agreement which bears…
2Cases cited8 opinions
- 166 Mamaroneck Ave. Corp. v. 151 East Post Road Corp.New York Court of Appeals · 1991
- Smith Barney Shearson Inc. v. SacharowNew York Court of Appeals · 1997
- ALLIED BLDG. INSPECTORS INT'L UNION OF OPERATING ENG'RS, LOCAL UNION NO. 211, AFL-CIO v. Office of Labor Relations of the City of New YorkNew York Court of Appeals · 1978
- Zachariou v. ManiosAppellate Division of the Supreme Court of the State of New York · 2009
- Naldi v. GrunbergAppellate Division of the Supreme Court of the State of New York · 2010
3 more not listed; retrieve them via the Exa API.
3Cited by3 opinions
- Martin v. Portexit Corp.Appellate Division of the Supreme Court of the State of New York · 2012
- People v. RathNew York District Court · 2013
- Martin v. Portexit Corp.Appellate Division of the Supreme Court of the State of New York · 2012