Pandya v. Skyzone Lakewood, 2018 N.J. Super UnPub LEXIS 2308

Motion to compel an arbitration clause in a minor’s release cannot be denied without finding of fact.

The Superior Court found that the trial judge failed to make the required finding of fact in support of his denial of the defendant’s motion to compel arbitration. The denial of defendant’s motion was vacated. The trial court had merely denied the motion to compel arbitration from a waiver executed by the minor’s parents, when, in lieu of an answer, the plaintiff filed a motion to amend the complaint that alleged gross negligence.


Case Law Alerts, 2nd Quarter, April 2019

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