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KIDDER, PEABODY & CO., INCORPORATED v. COLLINS CMO FUND LIMITED

No. 94 Civ. 3598.

879 F.Supp. 406 (1995)

KIDDER, PEABODY & CO., INCORPORATED, Plaintiff, v. COLLINS CMO FUND LIMITED, Defendant.

United States District Court, S.D. New York.

April 10, 1995.

Attorney(s) appearing for the Case

Mitchell Lowenthal, Cleary Gottlieb Steen & Hamilton, New York City, for plaintiff.

Max Folkenflik, Folkenflik & McGerity, New York City, for defendant.

MEMORANDUM ORDER

BATTS, District Judge:

Defendant Collins CMO Fund Limited ("Collins") has moved this Court for a stay of arbitration. For the reasons which follow, Collins' motion is denied.

The relevant facts are undisputed: On June 20, 1994, Collins mailed its application for a stay of arbitration, by ordinary mail, to Cleary, Gottlieb, Steen & Hamilton, attorneys for Kidder, Peabody & Co....

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