PNC BANK VS. CVFF DEVELOPMENT CORP(L-8319-11, BERGEN COUNTY AND STATEWIDE)

NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE DIVISION This opinion shall not "constitute precedent or be binding upon any court." Although it is posted on the internet, this opinion is binding only on the parties in the case and its use in other cases is limited. R.1:36-3. SUPERIOR COURT OF NEW JERSEY APPELLATE DIVISION DOCKET NO. A-5719-14T3 PNC BANK, Plaintiff, v. CVFF DEVELOPMENT CORP. and JOSEPH FAVALORO, Defendants, and THOMAS FAVORITO and GEORGE D. CATTABIANI, JR., Defendants-Respondents, and JOHN VERDIGI, Defendant-Appellant. ______________________________________ Submitted June 26, 2017 – Decided July 13, 2017 Before Judges Fisher and Fasciale. On appeal from Superior Court of New Jersey, Law Division, Bergen County, Docket No. L- 8319-11. Newman & Denburg, L.L.C., attorneys for appellant (Gary S. Newman, on the brief). Walsh & Walsh, attorneys for respondent Thomas Favorito (John K. Walsh, Jr., of counsel and on the brief). Stern & Stern, L.L.P. attorneys for respondent George D. Cattabiani, Jr., join in the brief of respondent Thomas Favorito. PER CURIAM Defendant John Verdigi appeals from a June 18, 2015 order confirming an arbitration award; a July 21, 2015 order awarding arbitrator's fees and costs; and a July 21, 2015 order granting plaintiff's petition for post-judgment discovery. On appeal, defendant argues the following points: Point I STANDARD OF REVIEW. Point II THE ARBITRATOR'S DECISION TO "FORFEIT" THE LOANS AND AWARD ATTORNEY'S FEES EXCEEDED THE SCOPE OF HIS AUTHORITY. A) Grounds to modify or vacate Arbitrator's Award[.] B) The arbitrator cannot rule on issues not before [h]im never raised by any party. C[)] The forfeiture of the loans had no legal or factual basis and is absurd[.] 2 A-5719-14T3 We conclude that defendant's arguments are without sufficient merit to warrant discussion in a written opinion. R. 2:11- 3(e)(1)(E). Affirmed. 3 A-5719-14T3