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TRETINA PRINTING v. FITZPATRICK

262 N.J. Super. 45 (1993)

619 A.2d 1037

IN THE MATTER OF THE ARBITRATION BETWEEN TRETINA PRINTING, INC. AND HI-TECH PROPERTIES, A GENERAL PARTNERSHIP, AND JAN TRETINA AND OLGA TRETINA, INDIVIDUALLY, PETITIONERS-APPELLANTS/CROSS-RESPONDENTS, v. FITZPATRICK & ASSOCIATES, INC., RESPONDENT-RESPONDENT/CROSS-APPELLANT. FITZPATRICK & ASSOCIATES, INC., PLAINTIFF-RESPONDENT/CROSS-APPELLANT, v. TRETINA PRINTING CO., INC., HI-TECH PROPERTIES, A GENERAL PARTNERSHIP, AND JAN TRETINA AND OLGA TRETINA, INDIVIDUALLY, DEFENDANTS-APPELLANTS/CROSS-RESPONDENTS.

Superior Court of New Jersey, Appellate Division.

Decided February 9, 1993.

Attorney(s) appearing for the Case

George F. Mackey argued the cause for appellants/cross-respondents (Mackey & Moore, attorneys; Mr. Mackey and Gary J. Mueller, of counsel and on the brief).

Robert Hedinger argued the cause for respondent/cross-appellant (Peckar & Abramson, attorneys; Mr. Hedinger and Caroline M. Rossi, on the brief).

Before Judges KING, BRODY and LANDAU.

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

Both parties appeal from a judgment confirming an arbitration award as modified by the trial judge. The dispute arose under an "Owner-Construction Manager" contract between Tretina Printing, Inc. (Tretina) and Fitzpatrick & Associates, Inc. (Fitzpatrick). We hold that the arbitrator imperfectly executed his powers upon the subject matter submitted to him and that it is too late to direct a rehearing because...

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