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COMMERCE BANK, N.A. v. DiMARIA CONST., INC.

300 N.J. Super. 9 (1997)

COMMERCE BANK, N.A., PLAINTIFF-APPELLANT-CROSS-RESPONDENT, v. DiMARIA CONSTRUCTION, INC., DEFENDANT-RESPONDENT-CROSS-APPELLANT (TWO CASES).

Superior Court of New Jersey, Appellate Division.

Decided April 17, 1997.

Attorney(s) appearing for the Case

Joseph H. Blum argued the cause for appellant-cross-respondent (Frey, Petrakis, Deeb & Blum, attorneys; Mr. Blum, Norman W. Briggs and William B. Jameson, on the brief).

Ellis I. Medoway argued the cause for respondent-cross appellant (Archer & Greiner, attorneys; Mr. Medoway, on the brief).

Before Judges LONG, SKILLMAN and CUFF.

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

This appeal requires us to consider the principles which govern the determination of whether a court or arbitrators should decide questions regarding the timeliness of a demand for arbitration or the satisfaction of other conditions of arbitration.

In December of 1993, defendant DiMaria Construction, Inc. (DiMaria) entered into two contracts with plaintiff...

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