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MAHONY-TROAST CONSTR. v. SUPERMARKETS GEN'L

189 N.J. Super. 325 (1983)

460 A.2d 149

MAHONY-TROAST CONSTRUCTION COMPANY, A NEW JERSEY CORPORATION, PLAINTIFF-APPELLANT, v. SUPERMARKETS GENERAL CORPORATION, A DELAWARE CORPORATION, DEFENDANT-RESPONDENT.

Superior Court of New Jersey, Appellate Division.

Decided March 24, 1983.

Attorney(s) appearing for the Case

John E. Flaherty argued the cause for appellant (McCarter & English, attorneys).

Frederic K. Becker argued the cause for respondent (Wilentz, Goldman & Spitzer, attorneys).

Before Judges BISCHOFF and J.H. COLEMAN.

The opinion of the court was delivered by BISCHOFF, P.J.A.D.

This appeal raises issues relating to the timeliness of a demand for arbitration of a dispute concerning the cause of continuing leaks in a roof installed by plaintiff. From a dismissal of plaintiff's complaint in which it sought to enjoin arbitration, plaintiff appeals.

By contract dated April 12, 1972 plaintiff agreed to build a combination warehouse...

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