Opinion
March 30, 2000.
Order, Supreme Court, New York County (Joan Madden, J.), entered October 21, 1999, which, in a proceeding to stay an arbitration demanded by respondent under the rules of the National Association of Securities Dealers, granted respondent's motion to dismiss the petition for failure to state a cause of action, unanimously affirmed, with costs.
William A. Rome, for Petitioners-Appellants.
Jared R. Clark, for Respondent-Respondent.
ROSENBERGER, J.P., WILLIAMS, ANDRIAS, BUCKLEY, FRIEDMAN, JJ.
There is no merit to petitioners' claim that their resignation from the NASD voided any duty they have to arbitrate respondent's claim that, as principals of respondent's employer, they caused respondent's constructive discharge in retaliation for his having reported illegal trading activities to the NASD (see, Matter of Dunay v. Weisglass, 54 N.Y.2d 25, 32-33; McLaughlin, Piven, Vogel v. Nolan Co., 114 A.D.2d 165, 170, lv denied 67 N.Y.2d 606, citingCoudert v. Paine Webber Jackson Curtis, 705 F.2d 78, 81).
THIS CONSTITUTES THE DECISION AND ORDER OF SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.