SHAMBRY v. NJ TRAN. BUS OPERATIONS, INC.


307 N.J. Super. 390 (1998)

CLARENCE SHAMBRY, PLAINTIFF-RESPONDENT, v. NEW JERSEY TRANSIT BUS OPERATIONS, INC. AND KENNETH D. WILLIAMS, DEFENDANTS-RESPONDENTS, AND HARVEY L. HARRIS AND CHRISTOPHER J. HARRIS, DEFENDANTS-APPELLANTS.

Superior Court of New Jersey, Appellate Division.

Decided February 5, 1998.


Attorney(s) appearing for the Case

Francis X. Ryan, argued the cause for appellants (Law Offices of Green, Lundgren & Ryan, attorneys; Mr. Ryan, on the brief).

Richard M. Josselson, argued the cause for respondent, Shambry (Mitnick, Josselson, DePersia & DePersia, attorneys; Mr. Josselson, on the brief).

Melvin M. Wright, Jr., Deputy Attorney General, argued the cause for respondent, New Jersey Transit Bus Operations, Inc. (Peter Verniero, Attorney General of New Jersey, attorney; Joseph L. Yannotti, Assistant Attorney General, of counsel; Mr. Wright, on the brief).

Before Judges SHEBELL, A.A. RODRIGUEZ and COBURN.


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

This controversy involves the rejection of an arbitration award in a consolidated case by a party who is involved in only one of the cases. It raises the question: Does such a rejection require a trial de novo as to all of the consolidated actions?

On September 17, 1993, a bus, owned by defendant New Jersey Transit Bus Operations, Inc. (NJT) and driven by its defendant-employee, Kenneth D....

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