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MARTINELLI v. FARM-RITE, INC.

785 A.2d 33 (2001)

345 N.J. Super. 306

Joseph MARTINELLI, t/a Blue Jay Farms, Plaintiff-Respondent, v. FARM-RITE, INC., Defendant-Appellant.

Superior Court of New Jersey, Appellate Division.

Decided November 21, 2001.

Attorney(s) appearing for the Case

Frank G. Basile, Vineland, argued the cause for appellant (Basile & Testa, attorneys; Mr. Basile and Renee E. Scrocca, on the brief).

Michael J. Weiss, Cherry Hill, argued the cause for respondent.

Before Judges KING, CUFF and WINKELSTEIN.

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

The question presented is whether the failure of defense counsel's computer diary system to pick up the date to appeal an arbitrators' award constitutes an extraordinary circumstance allowing relaxation of the thirty-day time frame within which to demand a trial de novo. R. 4:21A-6(b)(1). The motion judge, in an oral decision, concluded that a computer failure...

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