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Smith Barney Shearson, Inc. v. Defries and Mainman S.A. 1994 WL 455178 (S.D.N.Y. 1994) The United States Court of Appeals for the Second Circuit confirmed an arbitration award and denied the Defedants' motion to vacate.
Cox v. Lehman Bros., Inc. 15 A.D.3d 239, 790 N.Y.S.2d 16 (1st Dept. 2005) The Appellate Division, First Department upheld a decision of the Supreme Court made after trial which rescinded a stipulation of settlement made in an arbitration proceeding as the stipulation was based on mistake as to how many shares of corporation secured margin loan and enforcement of the stipulation would result in unjust enrichment of plaintiff at expense of defendant.
Lehman Bros., Inc. v. Masselli 1998 WL 531831 (S.D.N.Y. 1998) The District Court for the Southern District of New York upheld a default judgment confirming an arbitration award against the defendant because of his failure to timely move to vacate and for his failure to show a meritorious defense.
Smith Barney Shearson , Inc. v. DeFries 1994 WL 455178 (S.D.N.Y. 1994) The court considered Petitioner Smith Barney Shearson's petition to confirm an arbitration award under 9 U.S.C. ยค 9 and Respondents' petition to vacate the arbitration award and granted Smith Barney Shearson's petition and denied the cross-petition.
Levy v. Shearson Lehman Hutton, Inc. 826 F. Supp. 784 (S.D.N.Y. 1993) Securities firm initiated arbitration proceeding against commodities broker seeking broker's former clients. After arbitration panel entered award for securities firm, firm moved to confirm award and broker sought to vacate it. The District Court, Whitman Knapp, Senior District Judge, held that there were no grounds to vacate arbitration award, although arbitration panel was undoubtedly swayed by avalanche of irrelevant and prejudicial evidence that was wholly unrelated to whether broker engaged in unauthorized trading.
In re Jay Philip Solkow 165 B.R. 763 (E.D.N.Y. 1994) Creditor Shearson Lehman Bros., Inc. filed motion for order vacating order granting Chapter 7 debtor's discharge, for order granting creditor Shearson leave to file proof of claim, and for order vacating automatic stay to allow Shearson to prosecute its claim. The Bankruptcy Court, Robert John Hall, J., held that : (1) debtor failed to comply with requirement of amending order, which permitted debtor to include added creditors in schedule, that debtor file with Bankruptcy Court an amended matrix, (2) debtor failed to comply with requirement of amending order that debtor serve copy of order up creditors; and (3) alleged debt to creditor arising from debtor's conversion of client funds while debtor was employed as stockbroker for creditor came within discharge exception for unscheduled debts.
Platt v. Shearson Lehman/American Express, Inc. 509 N.Y.S.2d 774 (1st Dept. 1987) Judgment with costs for respondent Shearson.
Meyer v. Shearson Lehman Bros, Inc. 211 A.D.2d 541, 621 N.Y.S.2d 346 (1st Dept. 1995) Broker brought action against brokerage house and other defendants. The Supreme Court, New York County, Schoenfeld, J., dismissed 13 of broker's 15 causes of action. Broker appealed. The Supreme Court, Appellate Division, held that: (1) broker's action to set aside settlement agreement with brokerage house was barred by six-year statue of limitations applicable to causes of action for fraud, rescission and duress; (2) broker's breach of oral contract action for brokerage house's alleged failure to pay broker a finder's fee for certain pension fund business was barred by Statute of Frauds; (3) broker's cause of action for failure to provide a "safe workplace" was barred by one-year statute of limitations applicable to battery actions; and (4) broker's complaint against brokerage house failed to state cause of action for defamation.
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