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KALMAN FLOOR CO., INC. v. JOS. L. MUSCARELLE, INC.

196 N.J. Super. 16 (1984)

481 A.2d 553

KALMAN FLOOR COMPANY, INC., A DELAWARE CORPORATION, PLAINTIFF-APPELLANT, v. JOS. L. MUSCARELLE, INC., A NEW JERSEY CORPORATION, DEFENDANT-RESPONDENT, THIRD-PARTY PLAINTIFF, v. WAKEFERN FOOD CORP., THIRD-PARTY DEFENDANT, RESPONDENT. KALMAN FLOOR COMPANY, INC., A DELAWARE CORPORATION, PLAINTIFF-APPELLANT, v. AMERICAN ARBITRATION ASSOCIATION, JOS. L. MUSCARELLE, INC., A NEW JERSEY CORPORATION, GEORGE H. FRIEDMAN AND CAROL MOFFATT, DEFENDANTS-RESPONDENTS.

Superior Court of New Jersey, Appellate Division.

Submitted January 24, 1984.

Decided March 2, 1984.

Attorney(s) appearing for the Case

Merritt T. Viscardi argued the cause for appellant in No. A-4669-81T2 (Apruzzese & McDermott, attorneys).

Gerald W. Conway argued the cause for respondent in No. A-4669-81T2 Jos. L. Muscarelle, Inc. (Shannon Z. Taylor, on the brief).

No brief filed on behalf of respondent Wakefern Food Corp.

Apruzzese & McDermott, attorneys for appellant in No. A-2785-82T2 (Merritt T. Viscardi, on the brief).

Amdur & Friedrich, attorneys for respondents American Arbitration Association, George H. Friedman and Carol Moffatt in No. A-2785-82T2 (Robert M. Schwartz, on the brief).

Shannon Z. Taylor and Gerald W. Conway, attorneys for respondent Jos. L. Muscarelle, Inc. in No. A-2785-82T2. (Shannon Z. Taylor, on the brief).

Before Judges MICHELS, KING and DREIER.

The opinion of the court was delivered by KING, J.A.D.

This appeal involves two questions of law pertinent to arbitration proceedings. They are: (1) is an agreement to arbitrate on demand of a general contractor enforceable where the subcontractor has no reciprocal right to compel arbitration, and (2) does the American Arbitration Association have the right, absent judicial order or consent of both parties, to submit...

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