JML MEDICAL, INC v. MARK SILVER

NOT FOR PUBLICATION WITHOUT THE

APPROVAL OF THE APPELLATE DIVISION

SUPERIOR COURT OF NEW JERSEY

APPELLATE DIVISION

DOCKET NO. A-0773-10T1

JML MEDICAL, INC.,

Plaintiff-Respondent,

v.

MARK SILVER,

Defendant-Appellant,

and

SILVER CARE ESTATES, INC.,

SILVER CARE CENTER and

SILVER CARE OPERATIONS, LLC,

Defendants.

________________________________________________________________

November 1, 2011

Submitted October 25, 2011 - Decided

Before Judges Fisher and Baxter.

On appeal from the Superior Court of New Jersey, Law Division, Ocean County, Docket No. L-2537-09.

Eryk A. Gazdzinski, attorney for appellant.

Law Offices of James J. Curry, Jr., attorneys for respondent (Timothy J. Petrin, on the brief).

PER CURIAM

Defendant Mark Silver appeals from an August 27, 2010 Law Division order that confirmed an arbitration award and entered judgment in the amount of $87,513 against him, as well as against defendants Silver Care Estates, Inc., Silver Care Center, and Silver Care Operations, L.L.C. We affirm.

In 2006 and 2007, plaintiff JML Medical, Inc. provided medical supplies to defendant Silver Care Estates, Inc., a nursing home in Cherry Hill. Plaintiff recorded a lis pendens against the subject property on May 7, 2007. Nonetheless, when Silver Care Estates, Inc. sold its facility and assets to Omni Group, the debt owed to plaintiff was never discharged. After plaintiff obtained a judgment by default against the corporation, and was in the process of obtaining a judgment against Mark Silver individually, the parties entered into an agreement to participate in binding arbitration.

At the conclusion of the arbitration proceeding on February 9, 2010, the arbitrator entered an award in the amount of $87,513 against the corporate defendants and against Mark Silver individually.

Plaintiff moved before the Law Division to confirm the arbitration award. Mark Silver, in his individual capacity, cross-moved to vacate the arbitration award against him. At the conclusion of oral argument, Judge Foster held that none of the grounds set forth in N.J.S.A. 2A:23B-24 for the setting aside or modification of an arbitration award had been satisfied. For that reason, the judge confirmed the arbitration award as against all defendants, including Mark Silver individually.

On appeal, defendant argues: 1) the arbitrator exceeded his powers; 2) "[t]he arbitrator created facts and a new standard of fraud"; 3) plaintiff failed to prove common law fraud; 4) the arbitrator "precluded defendant from producing evidence to address the fraud"; and 5) "[c]reation of facts: there was notice to Omni or JML."

After considering Silver's arguments in light of the record and applicable law, we conclude his arguments lack sufficient merit to warrant discussion in a written opinion. R. 2:11-3(e)(1)(A) and (E).