MERRILL LYNCH v. CANTONE RESEARCH

Docket Nos. A-2680-10T1, A-2682-10T1, A-2699-10T1.

47 A.3d 1 (2012)

427 N.J. Super. 45

MERRILL LYNCH, PIERCE, FENNER & SMITH, INC. and Andrew Katchen, Plaintiffs-Respondents, v. CANTONE RESEARCH, INC., Anthony J. Cantone, Christine L. Cantone, Victor Polakoff, PNC Investments, LLC, and J.J.B. Hilliard, W.L. Lyons, LLC, Defendants-Appellants.

Superior Court of New Jersey, Appellate Division.

Decided June 27, 2012.


Attorney(s) appearing for the Case

George Cieri , attorney for appellants Cantone Research, Inc., Anthony Cantone, Christine L. Cantone and Victor Polakoff.

Lubiner & Schmidt, attorneys for appellant PNC Investments, LLC ( David W. Schmidt , of counsel; John E. Jenkins , Cranford, on the briefs).

Stark & Stark, attorneys for appellants J.J.B. Hilliard and W.L. Lyons ( Thomas B. Lewis , of counsel and on the briefs; Michael J. Brittan , Lawrenceville, on the briefs).

Bressler, Amery & Ross, attorneys for respondents ( David J. Libowsky , Florham Park , on the brief).

Before Judges CUFF, WAUGH and ST. JOHN.


The opinion of the court was delivered by

ST. JOHN, J.S.C. (temporarily assigned).

Defendants appeal four orders dated December 20, 2010, enjoining them from pursuing their third-party arbitration claims for contribution and indemnification against plaintiffs Merrill Lynch, Pierce, Fenner & Smith, Inc. (Merrill Lynch) and Andrew Katchen, and denying defendants' cross-motions to compel plaintiffs to FINRA

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