In Reuven v. Kidder Peabody, 139 Misc.2d 90 (Sup. Ct. Kings Cty 1988) arbitration was denied on facts similar to the present case. Mrs. Reuven was persuaded by a Mr. Yadlin to pool her funds for investment with his and they would split the profits. Yadlin opened an account for this purpose at Kidder Peabody and signed a securities account agreement with an arbitration clause. Mrs. Reuven never signed nor had any knowledge of such agreement. After Yadlin misappropriated funds from the account, Mrs. Reuven sued Kidder Peabody for fraud, negligence and breach of contract. Kidder Peabody moved for arbitration pursuant to CPLR 7501 and the FAA. The court denied the motion for arbitration holding "the facts before the court do not sustain Kidder Peabody's burden of proving mutual assent to arbitrate this dispute." Here also the facts before the court do not prove that Maud Davis consented to arbitrate this dispute.