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ELIZABETHTOWN v. WATCHUNG SQUARE

871 A.2d 140 (2005)

376 N.J. Super. 571

ELIZABETHTOWN WATER COMPANY, Plaintiff-Appellant, v. WATCHUNG SQUARE ASSOCIATES, LLC, and Fidelity Land Development Corporation, Defendants/Third-Party Plaintiffs-Respondents, v. Vollers Excavating & Construction, Inc., Third-Party Defendant/Fourth-Party Plaintiff-Appellant, v. Salvatore Davino, Edward D. Maceiko, Moretrench American Corporation, Melick-Tully Associates, P.A. Marchetta, A.I.A., Menlo Engineering Associates, Inc., and Travelers Insurance Company, Fourth-Party Defendants.

Superior Court of New Jersey, Appellate Division.

Decided April 20, 2005.

Attorney(s) appearing for the Case

Pitney Hardin, Florham Park, attorneys for appellant Elizabethtown Water Company (Robert G. Rose and Karen L. Alfieri, on the brief).

Sheak & Korzun, Pennington, attorneys for appellant Vollers Excavating & Construction, Inc. (J. Charles Sheak and Deborah I. Hollander, on the brief).

Buonocore & Trevisan, Parsippany, attorneys for respondent Watchung Square Associates, LLC (Thomas A. Buonocore, of counsel; Mr. Buonocore and Rosemary Gencarelli, on the brief).

Borowsky & Borowsky, Red Bank, attorneys for respondent Travelers Insurance Company (Frank E. Borowsky, on the brief).

Before Judges STERN, COBURN and GRAVES.

The opinion of the court was delivered by

COBURN, J.A.D.

In these back-to-back, interlocutory appeals, which we have consolidated for purposes of this opinion, we agreed to address three procedural questions for parties involved in related litigation pending concurrently and as a matter of right in arbitration and in court. The questions arose because the factual and legal issues in both tribunals concern performance of contracts for a large construction project...

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