The Appellate Division upheld a trial court’s denial of a car dealer’s motion to dismiss a complaint and compel arbitration, finding instead that while an agreement to arbitrate existed on the service contract, it did not apply to the purchase contract.

Julia Nawrocki bought a used Ram 1500 truck from J&J, trading as Auto Concepts, in September 2022. The company is owned by Michael Gallo, and Nawrocki’s salesperson was Joe Garro, both of whom were also named as defendants in her suit. Nawrocki signed a buyer’s order, a buyer’s guide, and a service contract on purchase of the truck, according to the opinion.