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SPROWL v. KITSELMAN

267 N.J. Super. 602 (1993)

632 A.2d 540

JOHN H. SPROWL AND NANCY SPROWL H/W AND SPROWL AMBULANCE SERVICE INC., D/B/A SPROWL AMBULANCE TRANSPORT, PLAINTIFF-APPELLANT, v. THOMAS G. KITSELMAN, DEFENDANT-RESPONDENT. DONATO IPPOLITO AND JOSEPHINE IPPOLITO, HIS WIFE, PLAINTIFF-RESPONDENT, v. GREATER PATERSON GENERAL HOSPITAL, VANDEETO ASSOCIATION, GREATER PATERSON GENERAL PROFESSIONAL BUILDING AND JOHN DOE 1 THROUGH X, (X BEING A NUMBER AS YET UNDETERMINED) BEING PERSONS OR CORPORATIONS WHOSE IDENTITIES ARE PRESENTLY UNKNOWN, DEFENDANT-APPELLANT.

Superior Court of New Jersey, Appellate Division.

Submitted September 28, 1993.

Decided October 29, 1993.

Attorney(s) appearing for the Case

David J. Anderson argued the cause for appellants Sprowl (David E. Ferguson & Associates, attorneys; Mr. Anderson, on the brief).

Lawrence S. Berger argued the cause for respondent Kitselman (Powell, Birchmeier, Berger & Powell, attorneys; Mr. Berger, on the brief).

Scanlon, Spell & Akin, attorneys for appellant The Wayne Professional Building, improperly named as The Greater Paterson Professional Building, et al. (John J. Scanlon, on the brief).

Breslin & Breslin, attorneys for respondents Ippolito (Donald A. Caminiti, on the brief).

Before Judges PRESSLER, DREIER and BROCHIN.

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

Appellants in these cases seek a review of judgments adjudicating the effect of their inaction on plaintiffs' rights to arbitration under R. 4:21A-1 et seq. In each case the neglectful attorney seeks to bring the matter within the "extraordinary circumstances" exception to the filing deadlines explained in Mazakas v. Wray, 205 N.J.Super. 367, 371,

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