AMERICA'S PRIDE CONST. v. FARRY


811 A.2d 906 (2002)

175 N.J. 60

AMERICA'S PRIDE CONSTRUCTION, Plaintiff, v. John FARRY and Eileen Farry, Defendant and Third-Party Plaintiffs-Appellants, v. Lou Boni, Third-Party Defendant, and Timothy P. Klesse and Klesse Associates, P.A., Third-Party Defendants-Respondents.

Supreme Court of New Jersey.

Decided December 19, 2002.


Attorney(s) appearing for the Case

Bartholomew A. Sheehan, Jr., Summit, argued the cause for appellants (Dempsey, Dempsey and Sheehan, attorneys).

Stephen O. Davis, Warren, argued the cause for respondents (DiFrancesco, Bateman, Coley, Yospin, Kunzman, Davis & Lehrer, attorneys).


The opinion of the Court was delivered by

ZAZZALI, J.

In this appeal, we must determine whether a party who receives notice of an arbitration hearing, but does not attend it, is nonetheless entitled to a new hearing when the arbitrator has failed to provide that party with notice that an arbitration award has been entered. The lower courts concluded that the absence of "extraordinary circumstances" precluded vacation...

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