MARMO & SONS GEN. v. BIAGI FARMS

DOCKET NO. A-3120-22.

317 A.3d 947 (2024)

478 N.J. Super. 593

MARMO AND SONS GENERAL CONTRACTING, LLC, Plaintiff-Appellant, v. BIAGI FARMS, LLC, Defendant-Respondent. Biagi Farms, LLC, Tammie and Nicholas Biagi, Third-Party Plaintiffs-Respondents, v. Marmo and Sons General Contracting, LLC, William and Heather Marmo, Third-Party Defendants-Appellants.

Superior Court of New Jersey, Appellate Division.

Decided May 24, 2024.


Attorney(s) appearing for the Case

Sam Maybruch, Hazlet, argued the cause for appellants (Arbus, Maybruch & Goode, LLC, attorneys; Sam Maybruch, on the briefs).

Justin D. Santagata argued the cause for respondent (Cooper Levenson, PA, attorneys; Justin D. Santagata, Samantha Edgell, and Katlin Trout, on the briefs).

Before Judges Sabatino, Chase, and Vinci.


The opinion of the court was delivered by

This dispute involves whether a party to a contract waived its right to compel arbitration by its conduct in a lawsuit it initiated.

Marmo & Sons General Contracting, LLC, and William and Heather Marmo (collectively "Marmo") appeal from the trial court's denial of their...

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