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FORT LEE SUR. CENTER v. PRO. INS.

Docket No. A-1192-08T2

988 A.2d 1214 (2010)

412 N.J. Super. 99

FORT LEE SURGERY CENTER, INC. a/s/o Brent Keys, Plaintiff-Respondent, v. PROFORMANCE INSURANCE COMPANY, Defendant-Appellant.

Superior Court of New Jersey, Appellate Division.

Telephonically reargued January 28, 2010.

Decided February 22, 2010.

Attorney(s) appearing for the Case

Daniel T. Towell argued the cause for appellant (Pringle, Quinn, Anzano, attorneys; Thomas O. Mulvihill, of counsel; Mr. Towell, on the brief).

S. Gregory Moscaritolo, River Edge, argued the cause for respondent.

Before Judges AXELRAD, FISHER and SAPP-PETERSON.

The opinion of the court was delivered by

FISHER, J.A.D.

This is an appeal of a trial judge's modification of an award issued by an arbitrator pursuant to the Alternative Procedure for Dispute Resolution Act (APDRA), N.J.S.A. 2A:23A-1 to -30. We must again respond to the troubling question of whether this court has jurisdiction in light of N.J.S.A. 2A:23A-18(b), which declares that, following the trial court's judgment, "[t]here shall be no further...

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