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RAVIN & ROSEN v. LOWENSTEIN SANDLER

839 A.2d 52 (2003)

365 N.J. Super. 241

RAVIN, SARASOHN, COOK, BAUMGARTEN, FISCH & ROSEN, P.C., Plaintiff-Appellant, v. LOWENSTEIN SANDLER, P.C., Defendant, and Kenneth A. Rosen, Sharon L. Levine and Steven E. Brawer, Defendants/Third-Party Plaintiffs Respondents, v. David N. Ravin, Joseph L. Cook, Mark Baumgarten and Jeffrey H. Fisch, Third-Party Defendants.

Superior Court of New Jersey, Appellate Division.

Decided December 18, 2003.

Attorney(s) appearing for the Case

David A. Mazie, Livingston, argued the cause for appellant (Nagel, Rice & Mazie, attorneys; Mr. Mazie, of counsel; Mr. Mazie, Randee M. Matloff and David M. Freeman, on the brief).

Joseph P. La Sala, Morristown, argued the cause for defendants/third-party plaintiffs-respondents Kenneth A. Rosen, Sharon L. Levine and Steven E. Brawer (McElroy, Deutsch & Mulvaney, attorneys; Mr. La Sala, of counsel; Mr. La Sala, Louis A. Modugno and William F. O'Connor, on the brief).

Before Judges SKILLMAN, COBURN and FISHER.

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

During arbitration under the rules of the American Arbitration Association ("AAA"), the arbitrator decided that he was authorized to appoint a receiver to administer plaintiff. Plaintiff asked the Law Division to enjoin the appointment. The individual defendants, Rosen, Levine, and Brawer, opposed the motion on the ground that the court lacked jurisdiction and on the merits. The court rejected the jurisdictional...

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