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(NOTE: The status of this decision is Unpublished.) Original Wordprocessor Version
(NOTE: The status of this decision is Unpublished.)
NOT FOR PUBLICATION WITHOUT THE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.
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a0773-10.opn.html
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,
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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).
Affirmed.
This archive is a service of Rutgers School of Law - Camden.
This archive is a service of Rutgers School of Law - Camden.
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