Davis v. Merrill Lynch, Pierce, Fenner & Smith, Inc.

OPINION OF THE COURT

Jane S. Solomon, J.

Petitioner Paul W. Davis (Davis) moves to compel "expedited arbitration” before the National Association of Securities Dealers, Inc. (NASD) of a dispute arising out of his employment with respondent Merrill Lynch, Pierce, Fenner & Smith, Inc. (Merrill Lynch) and to enjoin Merrill Lynch from initiating litigation related to the dispute in any other forum.1 Merrill Lynch cross-moves to dismiss on the grounds that the parties’ agreement does not provide for expedited arbitration and that the injunction Davis seeks is prohibited. For the reasons set forth…