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TORCON, INC. v. ALEXIAN BROTHERS HOSPITAL

205 N.J. Super. 428 (1985)

501 A.2d 182

TORCON, INC., PLAINTIFF, v. ALEXIAN BROTHERS HOSPITAL, A CORPORATION OF THE STATE OF NEW JERSEY, AND GERARD JOSEPH OAKLEY, DEFENDANTS.

Superior Court of New Jersey, Chancery Division Union County.

Decided July 26, 1985.

Attorney(s) appearing for the Case

Robert S. Peckar, for plaintiff (Peckar & Abramson, attorneys).

A. Dennis Terrell, for Alexian Brothers Hospital (Shanley & Fisher, P.C., attorneys).

David Suarez, for Gerard Joseph Oakley (Suarez & Suarez, attorneys).

OPINION

WERTHEIMER, J.S.C.

This matter was heard on remand from the Appellate Division to determine, after a hearing pursuant to Lopez v. Swyer, 62 N.J. 267 (1973): (1) the applicability of the "discovery rule" to the facts of this case, and (2) if applicable, to rule on the timeliness vel non of a Demand for Arbitration.

On December 7, 1981 Alexian Brothers filed a Demand for Arbitration with respect...

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