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SUSSLEAF-FLEMINGTON, INC. v. BRUCE

84 N.J. Super. 599 (1964)

203 A.2d 131

SUSSLEAF-FLEMINGTON, INC., A NEW JERSEY CORPORATION, PLAINTIFF-RESPONDENT, v. MARTIN BRUCE, SYLVIA BRUCE, LEW SHULGASSER, AND OSWALD BESSER, JOINTLY AND SEVERALLY, AND KAPPA CONSTRUCTION CORP., A NEW YORK CORPORATION, DEFENDANTS-APPELLANTS.

Superior Court of New Jersey, Appellate Division.

Decided July 2, 1964.

Attorney(s) appearing for the Case

Mr. Arthur L. Abrams argued the cause for appellants.

Mr. Richard E. Cherin argued the cause for respondent (Messrs. Kristeller, Zucker, Lowenstein & Cohen, attorneys).

Before Judges CONFORD, FREUND and SULLIVAN.

The opinion of the court was delivered by CONFORD, S.J.A.D.

Plaintiff brought this action to enjoin resort to arbitration by defendants in respect of a dispute over an alleged breach of a long-term lease. It obtained a preliminary injunction. Defendants counterclaimed to compel arbitration under N.J.S. 2A:24-3; but the court denied their motion to order the arbitration, holding: (1) defendants presented no

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