Deephaven Distressed Opportunities Trading, Ltd. v. 3V Capital Master Fund Ltd.

Order, Supreme Court, New York County (Richard B. Lowe, III, J.), entered October 22, 2009, which, to the extent appealed *563from as limited by the briefs, denied third-party defendant broker Imperial Capital LLC’s motion to compel arbitration, unanimously affirmed, with costs.

The subject arbitration clause provided that third-party plaintiff 3V Capital Master Fund Ltd. had agreed to the “clearing” terms of the brokerage agreement between itself, among other hedge funds, and Imperial. The brokerage agreement provided that in light of 3V’s agreement to maintain an account in the name of its prime…