Christy v. Kelly

Third-party defendants appeal by leave granted from the denial of their motion to compel arbitration of the third-party complaint. We reverse and remand.

In April 1986, plaintiff granted her longtime family friend, Bernard Christy, a durable power of attorney. In June 1988, she executed a revocable trust naming him as trustee. In October 1988, Christy, as trustee, opened an investment account with the third-party defendants. When he opened the account, he signed an agreement in which he promised to submit to arbitration "[a]ny controversy arising out of’ the account.

In 1990, because of…