Tedesco v Morgan Stanley DW Inc.

[*1] Tedesco v Morgan Stanley DW Inc. 2005 NYSlipOp 51175(U) Decided on July 21, 2005 Appellate Term, Second Department Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. This opinion is uncorrected and will not be published in the printed Official Reports.

Decided on July 21, 2005
SUPREME COURT OF THE STATE OF NEW YORK
APPELLATE TERM: 2nd and 11th JUDICIAL DISTRICTS
PRESENT: PESCE, P.J., PATTERSON and RIOS, JJ.
2005-21 RI C

Pasquale E. Tedesco, Appellant,

against

Morgan Stanley DW Inc., Respondent.

Appeal by plaintiff from an order of the Civil Court, Kings County (K. King, J.), entered October 12, 2004, which granted defendant's motion to dismiss the complaint. Order unanimously affirmed without costs.

In the instant matter, both the account application and the client account agreement, which plaintiff received, acknowledged and executed, contains language requiring that all disputes between the parties be determined through arbitration. Inasmuch as such clauses have been held to be enforceable (see Shearson/American Exp., Inc. v McMahon, 482 US 220 [1987]; Dean Witter Reynolds, Inc. v Byrd, 470 US 213, 219-220 [1985]; Paine Weber Inc. v Babyk, 81 F3d 1193 [2d Cir 1996]; Matter of Smith Barney, Harris Upham & Co. v Luckie, 85 NY2d 193, 200-201 [1995]), the order dismissing the complaint, should be affirmed (see CCA 206 [a]; CPLR 7503 [a]).
Decision Date: July 21, 2005