WM. BLANCHARD CO. v. BEACH CONCRETE CO., INC.


150 N.J. Super. 277 (1977)

375 A.2d 675

WM. BLANCHARD CO., PLAINTIFF-APPELLANT, v. BEACH CONCRETE CO., INC., DEFENDANT AND THIRD-PARTY PLAINTIFF-RESPONDENT, v. WASHINGTON PARK BUILDING, INC., THIRD-PARTY DEFENDANT-RESPONDENT, C.S.T. ERECTION CO., EAST ET AL., PLAINTIFFS-RESPONDENTS, v. WASHINGTON PARK BUILDING, INC. ET AL., DEFENDANTS-RESPONDENTS, v. WM. BLANCHARD CO., THIRD-PARTY PLAINTIFF-APPELLANT, v. BEACH CONCRETE CO., INC., ET AL., THIRD-PARTY DEFENDANTS-RESPONDENTS, WASHINGTON PARK BUILDING, INC., ET AL., THIRD-PARTY PLAINTIFFS-RESPONDENTS, v. BEACH CONCRETE CO., INC., THIRD-PARTY DEFENDANT-RESPONDENT.

Superior Court of New Jersey, Appellate Division.

Decided May 2, 1977.


Attorney(s) appearing for the Case

Mr. John C. Heavey argued the cause for plaintiff-appellant (Messrs. Carpenter, Bennett & Morrissey, attorneys; Mr. William A. Carpenter, Jr. and Mr. Heavey on the brief).

Mr. Robert A. Baron argued the cause for third-party plaintiff-respondent (Mr. Jerome Beaudrias of the New York Bar, of counsel and on the brief).

Mr. Richard L. Plotkin argued the cause for defendant-appellants Washington Park Building, Inc. and Hospital Service Plan of New Jersey, (Messrs. Pitney, Hardin & Kipp, attorneys; Mr. Clyde A. Szuch of counsel and Mr. Plotkin on the brief).

Mr. Richard L. Amster argued the cause for Eastern Schokbeton (Messrs. Amster & Levin, attorneys).

Mr. Hugh P. Francis and Mr. William Tucker argued the cause for respondent C.S.T. Erection Co., East (Messrs. Apruzzese & McDermott, attorneys; Messrs. Stryker, Tams & Dill, attorneys; Mr. Charles H. Friedrich and Mr. David L. Menzel on the joint brief).

Mr. W. Hunt Dumont argued the cause for respondent Welton Becket Associates (Messrs. Robinson, Wayne & Greenberg, attorneys).

Before Judges FRITZ, ARD and PRESSLER.


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

The appeal before us raises important procedural questions implicating the scope of the entire controversy doctrine, the definition of the mandatory counterclaim rule, the extent to which pleadings may be belatedly amended, and the impact of agreements to arbitrate on these predicates of the judicial process.

This multi-party, multi-issue commercial litigation had its genesis in the construction of...

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