From Casetext: Smarter Legal Research

Hamilton v. Cantor Fitzgerald Securities

Appellate Division of the Supreme Court of New York, Second Department
Oct 25, 1999
265 A.D.2d 526 (N.Y. App. Div. 1999)

Opinion

Argued September 14, 1999

October 25, 1999

In an action to recover damages for wrongful termination of employment, the defendants appeal from an order of the Supreme Court, Kings County (Vaughan, J.).


ORDERED that the order is reversed, on the law, with costs, the defendants' motion is granted, the plaintiff's cross motion is denied, the action is stayed, and the parties are directed to proceed to arbitration.

The defendant Cantor Fitzgerald Securities (hereinafter Cantor Fitzgerald), a member of the National Association of Securities Dealers (hereinafter NASD), hired the plaintiff as a securities broker. Upon accepting employment with Cantor Fitzgerald, the plaintiff executed an employment agreement and two Uniform Applications for Securities Industry Registration or Transfer (hereinafter Form U-4). The Form U-4 contained a broad arbitration clause. Although the plaintiff was subsequently fired and then rehired under a second employment contract which did not contain an arbitration clause, his obligation to arbitrate under the Form U-4 continued. The Form U-4 is not an employment contract, but rather an agreement between the plaintiff and NASD which remained effective (see, Gilmer v. Interstate/Johnson Lane Corp., 500 U.S. 20 ;In re Prudential Ins. Co. of America Sales Practice Litigation, 133 F.3d 225 ; O'Donnell v. First Investors Corp., 872 F. Supp. 1274 ).

The plaintiff's remaining contentions are without merit.

MANGANO, P.J., O'BRIEN, RITTER, and SCHMIDT, JJ., concur.


Summaries of

Hamilton v. Cantor Fitzgerald Securities

Appellate Division of the Supreme Court of New York, Second Department
Oct 25, 1999
265 A.D.2d 526 (N.Y. App. Div. 1999)
Case details for

Hamilton v. Cantor Fitzgerald Securities

Case Details

Full title:HUGH HAMILTON, respondent, v. CANTOR FITZGERALD SECURITIES, etc., et al.…

Court:Appellate Division of the Supreme Court of New York, Second Department

Date published: Oct 25, 1999

Citations

265 A.D.2d 526 (N.Y. App. Div. 1999)
697 N.Y.S.2d 134

Citing Cases

In re Granite Assoc

The appellant failed to make such a showing. Regardless of the validity of the arbitration clause in the…

Granite Associates, Inc. v. Rolon

This is true in employment cases, even where rights protected by federal law are in controversy. Hamilton v…