Macquarie Holdings (USA) Inc. v. Song
Cases that cite this one
4 later published cases cite this decision.
- Sokolovic v. Throgs Neck Operating Co., Inc. (Appellate Division of the Supreme Court of New York 2017)
- Abed v. John Thomas Financial, Inc. (Appellate Division of the Supreme Court of New York 2013)
- Abed v. John Thomas Financial, Inc. (Appellate Division of the Supreme Court of New York 2013)
- Melnick v. Melnick (Appellate Division of the Supreme Court of New York 2012)
This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.
Opinion of the Court
Since respondent’s claims in this wrongful termination action are covered under the Form U-4, they fall within the “carve out” provision of the agreement and therefore are not subject to petitioner’s mandatory arbitration procedures (see Credit Suisse First Boston Corp. v Pitofsky, 4 NY3d 149 [2005]). The agreement does not unambiguously supplant the Form U-4, and any ambiguity in the agreement must be construed against petitioner as the drafter thereof (see generally Yudell v Israel & Assoc., 248 AD2d 189, 189-190 [1998]). Concur — Andrias, J.E, Saxe, Friedman, Moskowitz and Richter, JJ.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.