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ALFANO v. BDO SEIDMAN, LLP

925 A.2d 22 (2007)

393 N.J. Super. 560

John L. ALFANO, Plaintiff-Respondent, v. BDO SEIDMAN, LLP, Sidley Austin Brown & Wood, LLP, f/k/a Brown & Wood, LLP, R.J. Ruble, Presidio Advisors, LLC, Presidio Growth, LLC, John Larson, Defendants, and Deutsche Bank AG, Defendant-Appellant.

Superior Court of New Jersey, Appellate Division.

Decided June 15, 2007.

Attorney(s) appearing for the Case

Christine Y. Chi, New York, NY (Dewey Ballantine) of the New York bar, admitted pro hac vice, argued the cause for appellant Deutsche Bank AG, (LoFaro & Reiser, attorneys; Glenn R. Reiser, Hackensack, Lawrence M. Hill (Dewey Ballantine) of the New York Bar, admitted pro hac vice, Seth C. Farber, New York, NY (Dewey Ballantine) of the New York Bar, admitted pro hac vice and Ms. Chi, of counsel; Mr. Reiser, on the brief).

Susan F. Campbell, Columbia, SC (McCutchen, Blanron, Johnson & Barnette) of the South Carolina Bar, admitted pro hac vice, argued the cause for the respondent John F. Alfano (Schiffman, Abraham, Kaufman & Ritter, attorneys; Paul N. Ambrose, Jr., Daniel S. Eichhorn, Hackensack, John P. Freeman, of the South Carolina bar, admitted pro hac vice, T. English McCutchen of the South Carolina Bar, admitted pro hac vice and Ms. Campbell, on the brief).

Before Judges KESTIN, GRAVES and LIHOTZ.

The opinion of the court was delivered by

LIHOTZ, J.T.C. (temporarily assigned).

Defendant Deutsche Bank AG (DB) appeals, on leave granted, from an October 6, 2006 Law Division order denying its motion to compel arbitration of the dispute initiated by plaintiff John L. Alfano. We are asked to determine whether resolution of the parties' dispute is subject to arbitration pursuant to the Federal Arbitration Act (FAA), 9 U.S.C.A. § 1-16.

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