(MONEY Magazine) – -- Could you afford your house if you were buying it today? Asked that question as part of our Consumer Comfort Index polling (see page 25), a full 51% of Americans said no. -- The New York State Court of Appeals has just issued a reprieve for some investors seeking to arbitrate disputes with brokers. Last spring, the U.S. Second Circuit Court of Appeals ruled that you generally must take your disagreement to an industry-sponsored group such as the National Association of Securities Dealers if you signed a customer agreement with an arbitration clause (Money, July). But now New York's highest court has decided otherwise, saying that you may be able to use the American Arbitration Association, which lawyers for small investors consider to be the most objective forum. No matter on which exchange your stock is traded or where your broker is located, if your contract is governed by New York State law and says that you must bring your disputes in ''accordance with the rules'' of the American Stock Exchange, you can go to the AAA. But if your contract says you can arbitrate ''only before'' the NASD or a stock exchange, you may be stuck.