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ACCILIEN v. CONSOLIDATED RAIL

733 A.2d 1229 (1999)

323 N.J. Super. 595

Willio ACCILIEN and Angelo Accilien, Plaintiffs-Appellants, v. CONSOLIDATED RAIL CORPORATION d/b/a Conrail, and Maher Terminals, Inc., Defendants-Respondents, and The Port Authority of New York and New Jersey, John Doe 1-10 and ABC Corporation 1-10, Defendants.

Superior Court of New Jersey, Appellate Division.

Decided July 29, 1999.

Attorney(s) appearing for the Case

Maria M. Plinio, for plaintiffs-appellants (Ms. Plinio, on the brief).

Ruprecht, Hart & Weeks, for defendant-respondent Consolidated Rail Corporation (Adele C. Baker, on the brief).

Kenny & Stearns, for defendant-respondent Maher Terminals, Inc. (Michael C. Mule, of counsel and on the brief).

Before Judges STERN and KIMMELMAN.

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

Plaintiff, Willio Accilien, appeals from the denial of his motion for "leave to restore this matter to the trial calendar and to file a rejection of arbitration award and for a trial de novo, out-of-time."1 It is uncontested that the arbitration was conducted under R. 4:21A and that the complaint was dismissed on April 1, 1998, after no action was taken by any party for more...

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