Townsend v. Merrill Lynch Futures, Inc.

Order, Supreme Court, New York County (Shirley Fingerhood, J.), entered July 1, 1991, which granted defendant Heinold Commodities, Inc.’s motion to dismiss the complaint and denied plaintiffs cross motion to compel arbitration, unanimously modified, on the law and the facts and in the exercise of discretion, without costs, to the extent that the motion to dismiss is denied on condition that plaintiff commences a court action against Heinold in Cook County, Illinois within 60 days of service of this order with notice of entry, and otherwise affirmed.

In 1984 and 1985 plaintiff was a customer of…