Partner Lance Olitt Prevails in Argument Before Appellate Division
Lance Olitt, a partner in the firm’s commercial litigation department, successfully defended an appeal before the Appellate Division of the New Jersey Superior Court, on behalf of a condominium developer and its individual representatives. The lawsuit arose out of the failed sale of a condominium unit. After the buyers demanded a refund of the deposit they paid toward the purchase price and the seller asserted the right to retain that deposit, the buyers filed a complaint in Superior Court, claiming breach of contract and statutory violations. Mr. Olitt was successful in obtaining a dismissal of the lawsuit, arguing that the buyers are required to submit all claims to arbitration. The buyers then appealed, arguing that even if they are required to arbitrate their contract claim against the seller, they are not required to arbitrate statutory claims against the seller or any claims against seller representatives who were not parties to the contract of sale. In a lengthy Opinion issued on February 3rd after oral argument, the Appellate Court ruled that the buyers are required to arbitrate all claims against all parties.
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