BOROUGH OF ATLANTIC v. EAGLE ENTERPRISES


312 N.J. Super. 188 (1998)

BOROUGH OF ATLANTIC HIGHLANDS, PLAINTIFF-APPELLANT, v. EAGLE ENTERPRISES, INC., DEFENDANT-RESPONDENT.

Superior Court of New Jersey, Appellate Division.

Decided June 16, 1998.


Attorney(s) appearing for the Case

Bernard M. Reilly argued the cause for appellant (Dowd & Reilly, attorneys; Mr. Reilly, on the brief).

Jeffrey Thakker argued the cause for respondent (Timothy B. Middleton, attorney; Mr. Thakker, on the brief).

Before Judges LONG, KLEINER and KIMMELMAN.


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

At issue is whether a clause evidencing an agreement to arbitrate all claims arising out of or related to the parties' construction contract remained viable after the parties entered into a subsequent agreement acknowledging that the construction contract was completed, that the subsequent agreement "constitute[d] full and final satisfaction of all claims...

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