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WEIN v. MORRIS

944 A.2d 642 (2008)

194 N.J. 364

Howard WEIN, Patrick Delaney and Jeffery Realty, Inc., Plaintiffs-Appellants v. Jack MORRIS, JSM at Inman, L.L.C., JSM at Talmadge, L.L.C., Charlestown Crossing, Inc., JSM at New Dover, L.L.C. and JSM at Matawan, L.L.C., Defendants-Respondents, and ABC, Corps. 1-10, XYZ, L.L.C.'S 2-10 and John and Janes Does 1-15, Defendants.

Supreme Court of New Jersey.

Decided April 14, 2008.

Attorney(s) appearing for the Case

Brian F. Curley, Morristown, argued the cause for appellants (Mr. Curley, attorney; Mr. Curley and Ronald M. Sturtz, on the briefs).

Michael J. Canning, Red Bank, argued the cause for respondents (Giordano, Halleran & Ciesla, attorneys; Mr. Canning and Kelly D. Gunther, on the brief).

Andrew Dwyer, Newark, submitted a brief on behalf of amicus curiae National Employment Lawyers Association of New Jersey (The Dwyer Law Firm, attorneys).

JUSTICE WALLACE, delivered the opinion of the Court.

This appeal requires us to determine the validity of an arbitration award. Plaintiffs' underlying claims are based on defendants' alleged breach of two written contracts, each of which contained an arbitration clause. Plaintiffs filed a complaint in Superior Court and did not seek arbitration. Defendants answered and filed a counterclaim. After almost five years of court...

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