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CERCIELLO v. SALERNO DUANE, INC.

DOCKET NO. A-3090-20.

279 A.3d 1168 (2022)

473 N.J. Super. 249

Doretta CERCIELLO, on behalf of herself and others similarly situated, Plaintiff-Appellant, v. SALERNO DUANE, INC. and Raymond Duane, Defendants-Respondents.

Superior Court of New Jersey, Appellate Division.

Decided July 20, 2022.

Attorney(s) appearing for the Case

Andrew R. Wolf , New Brunswick, argued the cause for appellant (Law Office of David C. Ricci, LLC and Dann Law Firm, PC, attorneys; David C. Ricci , Andrew R. Wolf , and Michael A. Smith, Jr. , on the briefs).

Michael V. Gilberti argued the cause for respondents (Jardim, Meisner & Susser, PC, attorneys; Michael V. Gilberti , on the brief).

Before Judges Currier, DeAlmeida, and Smith.

This opinion of the court was delivered by

In this class action matter arising out of the purchase of a vehicle, we consider whether defendants' material breach of an arbitration agreement—the failure to pay the administration fees—precludes them from asserting the waiver of the right to pursue a class action...

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