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McIntosh v. Morgan & Stanley

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF NEW YORK


November 19, 2010

WALTER L. MCINTOSH AND DANIEL W. DUMONT, PLAINTIFFS,
v.
MORGAN & STANLEY, ET AL., DEFENDANTS.

The opinion of the court was delivered by: Thomas J. McAVOY Senior United States District Judge

DECISION and ORDER

Plaintiffs commenced the instant action against Defendants arising out of the alleged mishandling of certain financial accounts. Presently before the Court is Defendant Merrill Lynch, Pierce, Fenner and Smith Incorporated; Armond R. George; and Susan G. Wilbur's motion to compel arbitration.

By Decision and Order dated November 19, 2010, the Court granted a similar application by Defendant Morgan & Stanley. For the reasons stated in the other Order and because Plaintiffs executed Client Relationship Agreements that contain predispute arbitration clauses*fn1 that cover the instant dispute and they have failed to articulate any reason why the arbitration clauses are not valid, do not cover the instant dispute, cover non- arbitrable claims, or are otherwise not enforceable, the motion (Dkt. No. 17) to stay this litigation and compel arbitration is GRANTED.

IT IS SO ORDERED.


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