Newark, N.J. – August 8, 2025 – Greenspoon Marder LLP is pleased to announce a significant appellate court victory on behalf of its client, a defendant in a high-stakes commercial real estate litigation matter. The New Jersey Appellate Division reversed a Chancery Court order that had compelled the case to arbitration, remanding it for a trial.
Filed in August 2023, Miqueo v. 300 Sylvan Ave Associates, LLC, et al., centered on the Plaintiff’s attempt to force the sale of a commercial property on the basis of a purported agreement, the validity of which is highly contested for a variety of reasons. After extensive litigation through May 2024, the Plaintiff moved to compel arbitration. Litigation partner Kelly Purcaro and senior counsel Kory Ann Ferro of Greenspoon Marder vigorously opposed the motion, noting the absence of an arbitration clause in the subject agreement and the Plaintiff’s clear and continued waiver of any right to compel arbitration by virtue of her course of conduct.
In its reversal, the Appellate Division found that the Plaintiff had clearly and unequivocally waived any right to compel arbitration, crediting the defense’s “detailed analysis of the Cole factors.” The Court pointed to multiple actions by the Plaintiff that demonstrated a firm commitment to litigating in court, filing the initial complaint, certifying that arbitration was not contemplated, failing to raise arbitration in response to counterclaims, and even seeking to consolidate another case into the Chancery Court.
Timing also played a critical role in the Court’s decision. The Plaintiff’s demand for arbitration came just two months before trial and on the eve of her deposition, after a substantial paper discovery had already taken place. The Court determined that such conduct reflected litigation tactics and found that shifting to arbitration at that stage would unduly prejudice the defendants and waste judicial resources.
This ruling not only protects the client’s interests but also reinforces the legal framework surrounding the waiver of arbitration rights in New Jersey. Greenspoon Marder is proud to continue advocating for fair, efficient resolution of commercial disputes through skilled litigation and appellate advocacy.