Heffner v. Jacobson

• Decision Date: 20 December 1983
• Citation: Heffner v. Jacobson, 469 A.2d 970, 192 N.J.Super. 299 (N.J. Super. App. Div. 1983)
• Parties: Stephen A. HEFFNER, Plaintiff-Appellant, v. Joel E. JACOBSON, Defendant-Respondent.
• Court: New Jersey Superior Court — Appellate Division

Page 299

192 N.J.Super. 299

469 A.2d 970

Stephen A. HEFFNER, Plaintiff-Appellant, v.Joel E. JACOBSON, Defendant-Respondent.

Superior Court of New Jersey Appellate Division.

Submitted Nov. 30, 1983.

Decided Dec. 20, 1983.

Doig & Doig, East Windsor, for appellant(Thomas E. Doig, Jr., East Windsor, on the brief).

Stephen H. Feuerstein, Englishtown, for respondent.

Before Judges FRITZ, FURMAN and DEIGHAN.

PER CURIAM.

Plaintiff appeals from the confirmation of an arbitration award on defendant's counterclaim for confirmation.His notice of appeal is also labelled as an appeal from the dismissal of his action to enjoin arbitration, from the denial of his motion to vacate the arbitration award and from an order permitting the filing of the counterclaim beyond the three month period of limitations in N.J.S.A. 2A:24-7, which provides a statutory remedy for confirmation, vacation, modification or correction of arbitration awards.

We affirm the order permitting the filing of the counterclaim substantially for the reasons stated by Judge Dreier in his opinion published at 185 N.J.Super. 524, 449 A.2d 1334(Ch.Div.1982).

The only other issue raised by plaintiff is that arbitration was barred under an exclusion clause in the contract between the parties.We reject that issue as out-of-time under the rules of court governing time for appeal.R. 2:4-1(a).Plaintiff's complaint to enjoin arbitration on that ground was dismissed with prejudice as settled.No timely appeal was brought.Subsequent to the arbitration award plaintiff's motion to vacate it for fraud and corruption was denied....