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DRIVE NEW JERSEY INS. v. GISIS

Docket No. A-0951-10T1

21 A.3d 216 (2011)

420 N.J. Super. 295

DRIVE NEW JERSEY INSURANCE COMPANY, Drive New Jersey Insurance Company as subrogee of Luzde Mendoza, Drive New Jersey Insurance Company as subrogee of Armando M. Rodriguez and Drive New Jersey Insurance Company as subrogee of Aracely Sambrano, Plaintiff-Appellant, v. Gennadiy GISIS, Masoras Avos, Inc., Philadelphia Indemnity Insurance Company, Defendants-Respondents.

Superior Court of New Jersey, Appellate Division.

Decided June 29, 2011.

Attorney(s) appearing for the Case

Noah Gradofsky argued the cause for appellant (Law Offices of Jan Meyer and Associates, P.C., attorneys; Mr. Gradofsky and Mr. Meyer, Teaneck, on the brief).

Mark S. Hochman argued the cause for respondents (Law Office of Stephen E. Gertler, attorneys; Mr. Hochman, Wall Township, on the brief).

Before Judges PARRILLO, YANNOTTI and ESPINOSA.

The opinion of the court was delivered by

YANNOTTI, J.A.D.

Plaintiff Drive New Jersey Insurance Company (Drive New Jersey) appeals from an order entered by the trial court on August 27, 2010, granting summary judgment in favor of defendant Philadelphia Indemnity Insurance Company (Philadelphia Indemnity) and denying Drive New Jersey's cross-motion to compel arbitration. We reverse.

The relevant facts are undisputed. Defendant Masoras Avos, Inc. (Masoras...

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