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DISPENZIERE v. KUSHNER COMPANIES

DOCKET NO. A-3022-13T4

101 A.3d 1126 (2014)

438 N.J. Super. 11

Christine A. DISPENZIERE, Daniel Santo Pietro, Subrata Choudhuri, Daisy Gonzalez, Michael & Ella Shaykevich, Eric & Michael Horn, Joseph & Linda Horn, Neil & Lauren Hunter, John & Nancy Eng, Richard Pavlowski, Charles Yaremko, Rao & Vasundlara Desu, Roy & Glorya Matthews, Herbert Leary and Nicholas Juliano, Plaintiffs-Appellants, and Ingrid Armstrong, Tracy Jordan, Bart & Bianca Kwiatkowski, David Mays, Sudhanshu and Geeti Shukla, Jennifer and Francisco Chacon, and James and Margaret Flynn, Plaintiffs, v. KUSHNER COMPANIES, Westminster Communities, Westminster Realty, LLC, The Landings at Harborside, LLC, The Landings, Inc., Landings Building 136A, LLC, Landings Building 136B, LLC, and Builder Marketing Services Co., Inc., Defendants-Respondents, and Integra Management Corp., and The Landings at Harborside Master Association, Inc., Defendants.

Superior Court of New Jersey, Appellate Division.

Decided November 21, 2014.

Attorney(s) appearing for the Case

Patrick J. Whalen argued the cause for appellants.

Paul Bishop argued the cause for respondents (Brach Eichler LLC, attorneys; Mr. Bishop, Charles X. Gormally and Thomas Kamvosoulis , Roseland, on the brief).

Before Judges WAUGH, MAVEN, and CARROLL.

The opinion of the court was delivered by

CARROLL, J.A.D.

In Atalese v. United States Legal Services Group, L.P., 219 N.J. 430, 446, 99 A.3d 306 (2014), our Supreme Court recently held a contractual arbitration provision unenforceable because it lacked the necessary "clear and unambiguous language that the plaintiff is waiving her right to sue or go to court to secure relief." In the...

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