May 22, 2023
On March 19, 2023 the New Jersey Appellate Division upheld the decision of the Superior Court of New Jersey, Law Division, Union County, wherein the trial court confirmed an arbitration award dismissing counter claims of breach of contract and negligence against MKCI’s client and granting counsel fees. MKCI’s client in this case was a roofing company in a commercial property, contract dispute. The Appellate Division agreed with the defense arguments and found that the property owner failed to set forth a valid basis for overturning the trial court’s confirmation of the arbitration award. Specifically, the Appellate Division rejected the defendant’s arguments that the arbitration award should not have been confirmed on a theory that counsel did not receive an emailed notice when the award was posted to eCourts. The Appellate Division adopted MKCI’s argument that Rule 4:21A-5 was satisfied and there was no “good cause” established to extend the time to file a demand for trial de novo.
For additional information regarding this matter please contact the following MKCI team members:
Lawrence McGivney – lmcgivney@mkcilaw.us.com
Tom Emala – temala@mkcilaw.us.com
Kate Spero – kspero@mkcilaw.us.com