Opinion
June 10, 1997
Appeal from the Supreme Court, New York County (Leland DeGrasse, J.).
Plaintiff's claims for slander do not involve "significant aspects" of his employment or defendants' business activities, since the alleged statements do not depend upon an evaluation of plaintiff's job performance as a broker's assistant, and are therefore not arbitrable under the parties' arbitration agreement ( see, Singer v. Jefferies Co., 78 N.Y.2d 76, 83; Fleck v. E.F. Hutton Group, 891 F.2d 1047, 1053 [2d Cir]). However, plaintiff's claims for intentional and negligent infliction of emotional distress are based, in part, on defendants' alleged retaliation against plaintiff by terminating his employment on pretextual grounds of lateness and poor performance, and are therefore arbitrable under the agreement. Accordingly, plaintiff's claims for defamation are severed and stayed until his other claims are arbitrated ( see, National Association of Securities Dealers Code of Arbitration Procedure; Fleck v. E.F. Hutton Group, supra; Morgan v. Smith Barney, Harris Upham Co., 729 F.2d 1163, 1168).
Concur — Sullivan, J.P., Rosenberger, Ellerin, Williams and Mazzarelli, JJ.