Opinion
April 20, 1995
Appeal from the Supreme Court, New York County (Jane Solomon, J.).
While petitioner argues that respondent is bound to arbitrate its dispute before the National Association of Security Dealers, Inc. (the securities exchange where the respondent initially chose to bring its claims before it entered into the stipulation with petitioner withdrawing that submission "in its entirety and without prejudice"), since the stipulation restored the parties to the status quo ante, respondent was free to make a second demand for arbitration under the rules of any of the other exchanges enumerated in the pre-dispute agreement.
Concur — Sullivan J.P., Ellerin, Wallach, Asch and Williams, JJ.