Arco Construction Group Inc. v. Sinowest Financial Services, App. Div.

In this dispute regarding whether defendant owed plaintiff money for construction work performed, which resulted in an arbitration award in favor of plaintiff, the panel reverses the trial judge's confirmation of the arbitration award against Sinowest and her rejection of plaintiff's motion to also enter judgment against CFC Associates because her reasons for declining to also enter judgment against CFC did not address the central issue, i.e., whether the two entities are the same and whether the award should therefore have been amended so as to also enter judgment against CFC even though plaintiff failed to name CFC in its arbitration demand. The matter is remanded for a determination of, inter alia, whether CFC is a limited liability company under the Limited Liability Company Act, whether Sinowest is an alternate properly registered name, whether Sinowest is the same entity as CFC, and whether a modification of the arbitration award to add CFC is required by N.J.S.A. 2A:24-9(c) because the award is imperfect in a matter of form not affecting the merits of the controversy.