Opinion
Decided March 30, 1982
Appeal from the Appellate Division of the Supreme Court in the First Judicial Department, ALFRED M. ASCIONE, J.
Donald G. Hausman for appellants.
Michael B. Evanoff and James W. Harbison for James J. Dunseith and others, respondents.
Gandolfo V. Di Blasi for Bache Halsey Stuart Shields, Inc., respondent.
On review of submissions pursuant to rule 500.2 (b) of the Rules of the Court of Appeals (22 N.Y.CRR 500.2 [b]), order reversed, with costs, and judgment and order of Special Term (1) granting a request to compel arbitration, and (2) denying a motion to stay arbitration reinstated. Whichever version of the NASD Code of Arbitration Procedure applies to this dispute, under the agreement of the parties, it is for the arbitrators, rather than the courts, to determine whether a particular dispute is arbitrable (see Matter of MPG Capital v Nick, 56 N.Y.2d 515).
Concur: Chief Judge COOKE and Judges JASEN, GABRIELLI, JONES, WACHTLER, FUCHSBERG and MEYER.