In a published decision, the Appellate Division held that while a car dealership cannot compel arbitration due to their failure to pay the administration fees in the matter, other provisions of the agreement remain intact, including waiver of the right to pursue a class action in court.

When plaintiff Doretta Cerciello bought a used car from plaintiffs Raymond Duane and Salerno Duane Inc., she signed both a “Motor Vehicle Retail Order” and a “Retail Installment Sale Agreement,” according to the opinion. The MRVO included language which required arbitration for all claims and required the signer to waive the right to pursue a class action in court.