Legal Opinion
Goldberg v. Parker
Appellate Division of the Supreme Court of the State of New York
Decided November 28, 1995PublishedCited by 6 opinions
1Opinion of the Court
—Order and judgment (one paper) Supreme Court, New York County (Paula Omansky, J.), *268entered July 12, 1995 which, inter alia, denied the petition for a permanent stay of arbitration, unanimously affirmed, without costs.
In the absence of an agreement between the broker and the customer wherein the parties designate New York law to govern the agreement and its enforcement, the matter of timeliness of claims under section 15 of the National Association of Securities Dealers (NASD) Code of Arbitration Procedure is for the arbitrator to determine, not the court (see, Matter of Smith Barney, Harris…
2Cases cited1 opinion
- Smith Barney, Harris Upham & Co. v. LuckieNew York Court of Appeals · 1995
3Cited by6 opinions
- Smith Barney, Inc. v. Vivian HauseAppellate Division of the Supreme Court of the State of New York · 1997
- Hamershlag, Kempner & Co. v. OestrichAppellate Division of the Supreme Court of the State of New York · 1996
- Westmoreland Capital Corp. v. FindlayDistrict Court, W.D. New York · 1996
- Kidder, Peabody & Co. v. WeinerAppellate Division of the Supreme Court of the State of New York · 2000
- In re the Arbitration between Mercurio & Lehman Brothers, Inc.Appellate Division of the Supreme Court of the State of New York · 1996
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