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Decided on April 14, 2008
Supreme Court, Richmond County

104008/2007
Judith N. McMahon, J.
This action was commenced by plaintiff alleging consumer fraud and common law fraud against defendants on or about October 16, 2007. The facts as alleged in the complaint state that plaintiff received a significant sum of money from the "September 11th Victim's Compensation Fund" [hereinafter "the Fund"] after the tragic passing of her husband, Christopher Amoroso, in the terrorist attacks on this nation on September 11, 2001. Plaintiff contends that defendants knew of her fragile mental/emotional/physical state and fraudulently induced plaintiff into purchasing several different accounts/investments from defendants and in the course of doing so was defrauded money. Further, plaintiff alleges that defendant Kevin Dunn, forged signatures, made false representations, procured fraudulent accounts and transactions and overall attempted to defraud the plaintiff out of the money she received from the Fund.
Defendants, in lieu of an answer, made this motion to compel arbitration pursuant to the arbitration provision contained in the MetLife Securities, Investment Account Application & Agreement [hereinafter "the agreement"] that plaintiff purportedly signed. Plaintiff has cross moved to the stay arbitration and for leave to amend the complaint.
The arbitration provision in the agreement provides:
I agree that any controversy concerning this or any other account maintained with you, whether arising before, on, or after the date this account is opened and arising out of or relating to this agreement or any transactions between me and MSI or Pershing, their employees, directors, agents, officers or affiliates shall be determined by arbitration before the NASD Dispute Resolution, Inc. Judgment upon the award of the arbitrators may be entered in any federal or state court having jurisdiction. I further understand that:
(i)Arbitration is final and binding on the parties.
(ii)The parties are waiving their right to seek remedies in court, including the right to jury trial.
(iii)Pre-arbitration discovery is generally more limited than and different from court proceedings.
(iv)The arbitrators' award is not required to include factual findings or legal reasoning and any party's right to appeal or to seek modification of rulings by the arbitrator is strictly [*2]limited.
(v)The panel of arbitrators will typically include a minority of arbitrators who were or are affiliated with the securities industry.
(vi)No person shall bring a putative or certified class action to arbitration, nor seek to enforce any pre-dispute arbitration agreement against any person who had initiated in court a putative class action; or who is a member of putative class who has not opted out of the class with respect to any claims encompassed by the putative class action until: (i) the class certification is denied; or (ii) the class is decertified; or (iii) the customer is excluded from the class by the court. Such forbearance to enforce an agreement to arbitrate shall not constitute a waiver of any right under this agreement except to the extent stated herein.
This agreement and any arbitration hereunder shall be governed and construed in accordance with the law of the State of New York without giving effect to conflict of law principles.
I.Choice of Law
The Federal Arbitration Act [hereinafter "FAA"] was established to enforce and uphold agreements to arbitrate that were traditionally not enforced by United States Courts (9 USC

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