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Home My WebLink About00-02360 ,. "~ - "' - ~> - " -.'. ~ -""''''"'''1 , HERRE BROTHERS, INC, Movant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v, No: ()O' cD /t;() b;J SOUTH MIDDLETON TOWNSHIP Respondent Petition To Confirm Arbitration Award ORDER t)~.J (.. ~ ',",,000 """0. to em"'nn Arlmntion Awwlt;, horeby"'" "'" (~ day of said arbitrltion award is confirmed and that an award in the amount of $7,739,01, constituting the principal award, interest and attorney's fees, as of this date, is hereby confirmed in all respects and that the Judgmen~ ~~ntered on the docket in conformity herewith, BY THE COURT: ~ ,) _I, -00 'f II, t<.Ks -~ -" ,,- 'n,--- co L.i ; n--;, ''''fl.j ",,-, C,Jl'j,~._i' '. ',W PEN;\SYU/,<:,,:V'/\ , ,~~, , " - ,'--', ,-~"-, -, ~,~~= _ e __lill! """".'~'~' ,,~, ~~l?;"-' --~~ -- .. ,,-..; ;;" ~" , \>_1, -',,,",' ",,"A -, ,_, _~,.,_ ';' ';j HERRE BROTHERS, INe. Movant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYL VANIA v. /) " -, 7-' M.M<- No: d-o. ,;2 3(,,0 ~ SOUTH MIDDLETON TOWNSHIP Petition To Confirm Arbitration Award Respondent PETmON TO CONFIRM ARBITRATION AWARD Herre Brothers, Inc, (Herre Bros,), by and through its counsel, Goldberg Katzman & Shipman, P,C., allege the following in support of this Application for Order Confirming Award, L Petitioner, Herre Bros" Inc" is a Pennsylvania business corporation with offices at 4417 Valley Road, Enola, Cumberland County, Pennsylvania, 2, Respondent is South Middleton Township a municipality with an address of 520 Park Drive, Boiling Springs, Pennsylvania 17007. 3, On June 8, 1998, Herre Bros, and Respondent entered into a written contract pertaining to construction of a building addition at Respondent's township office (hereinafter, the "Project"), 4, The contract contained a provision whereby all disputes pertaining to the contract would be submitted to an arbitrator or arbitrators and the judgment of the arbitrator(s) would be final. A copy of the arbitration clause in the contract is attached hereto as Exhibit A, 5, On or about October 15, 1999, pursuant to a dispute arising in the course of the Project, per the terms of the agreement, Petitioner initiated arbitration proceedings before the o -, ^ ,.~-""",,- -,.-." - - " _S,,-,.'.'"V"> ~;" ~, -_;..: _ .~ . ,;",~,.,;jj American Arbitration Association. 6, Jon Tryon, Esquire served as the arbitrator in the dispute, 7. After an arbitration hearing, on or about February 10, 2000 the arbitrator awarded Herre Bros. a total of $7,043.70, plus interest from April 15, 1999, The arbitrator's decision is attached hereto as Exhibit B. 8. Since the arbitration award, Herre Bros. has attempted to collect the amount owing from South Middleton Township, 9. South Middleton Township's counsel acknowledged Herre Bros, right to payment in a letter attached hereto as Exhibit C, whereby he confirmed that he was attempting to have Respondent pay Herre Bros" 10. On or about April 7,2000 Herre Bros, received a facsimile from Dana Aunkst stating he is "not authorized to make payments", The facsimile is attached hereto as Exhibit D. 11, Despite a veritable acknowledgment by counsel for Respondent that the amount is due and owing, and despite the clear wording of the arbitrator's award granting Herre Bros, an award which both parties cJntractually agreed would be final and binding, Respondent continues to withhold payment from Herre Bros, 12, South Middleton Township's actions are arbitrary, vexatious and capricious with no basis in the law, mandating the award, in favor of Herre Bros" of the costs and attorney's fees that Herre Bros, has spent in collecting this matter. 13, Herre Bros, has spent $275,00 in attorneys's fees since February 10, 2000 in seeking the collection of the amount due and owing, 14. Pursuant to 42 Pa,C.S.A. ~ 7313, fequest is made fOf the court to confinn the award of the arbitrator. <, - ~--', ,~,-~,;,-" ,.-~;,"I---,,~--,~ _n_,". ,_"_' " }. ':' -'" " ~- - ~ ,_' ,_c. < , -, ',' '0. " ", ',.' ""f">e"'''~ ',,,cy~~,,-," '" ^,_,_'.c.,' ,Or'"~ " ",~-jl 15. Respondent has not urged any grounds for vacating, modifYing or correcting the award within the appropriate time period under the Pennsylvania Uniform Arbitration Act, and has, in fact, admitted that the amount now demanded in this Petition is due and owing, WHEREFORE, Herre Bros, respectfully requests that this Court enter an order confirming the award of the arbitrator dated February 10, 2000, together with interest, all costs, including attorney's fees, as described above, and any other remedy that this Court deems proper, Respectfully submitted, & SHIPMAN, P.c. Date: 'f/ 1~/v6 By: S en E. Grubb, Esquire Attorney 1. D, No, 75897 320 Market Street P,O, Box 1268 Harrisburg, PA 17108-1268 Telephone: (717) 234-4161 Attomey for Petitioner , '''''-'''.'''1 . """ "~,',,, -",~y ''-..:'~', :,---~",,'i ,-i.-' ,C" ''''- ',:,~,j,(:;~--: ,-' --", "..o_~,',:'=>', '~,- ;, '"',- _,,',-C,' """'-4;''' " ,,~ ,-", _,_,_,,_,1 , ''''"' CERTIFICATE OF SERVICE I HEREBY CERTIFY that I served a true and correct copy of the foregoing document upon all parties or counsel of record by depositing a copy of same in the United States Mail at Harrisburg, Pennsylvania, with Certified, first-class postage prepaid, addressed to the following: Richard p, Mislitsky, Esquire Saidis, Shuff & Masland 25 West High Street P,O, Box 660 Carlisle, PA 17103-6486 By: ven E, Grubb Attorney 1. D, No, 75897 320 Market Street P,O, Box 1268 Harrisburg, PA 17108-1268 Telephone: (717) 234-4161 Attomeys for Movant DATE: Y/J3/viJ 1- d .'. .i ~ .. American Arbit.ration AssociaJJJnE, COpy MEDIA T10N Please consult the Construction lndustry Mediation Rules regarding mediation procedures, If you want the AAA to con- tact the other party and attempt to arrange a mediation, please check this box. 0 CONSTRUCTION INDUSTRY ARBITRATION RULES DEMAND FOR ARBITRATION DATE: ;o/IS/q 7 To: Name South Middleton Township, c/o Barbara Wilson, Manager (of the party upon whom the demand is made) AddresS;20 Park Drive City and State Boiling Springs, PA Telephone (717 ) ~ SR-~ 1~4 Fax Name of Representative Richard P. Mislitsky Representative's Address 26 W. High Street City and State Carlisle, PA ZIP Code 17013 Telephone (717 ) ?41-6?2~ Fax (717) 243-6486 The named claimant, a party to an arbitration agreement contained in a written cOntract, dated 6/8/98 , providing for arbitration under the Construction Industry Arbitration Rules, hereby demands arbitration thereunder. (Attach the arbitration clause or quote it hereunder.) ZIP Code 17007 (717) 258-3577 (if known) See attached. NATURE OF DISPUTE: CLAIM OR RELIEF SOUGHT: (amount, if any) $7,748,70, plus interest and attorneys fees Please indicate the industry category of each party, CLAIMANT: 0 Owner 0 Architect 0 Landscape Architect 0 Engineer o Subcontractor (specify ) 0 Interior Designer RESPONDENT: f;t Owner 0 Architect 0 Landscape Architect 0 Engineer o Subcontractor (specify ) 0 Interior Designer Harrisburg, Pennsylvania IXkContractor o Other o Contractor o Other HEARING LOCALE REQUESTED: (City and State) You are hereby notified that copies of our arbitration agreement and of this demand are being filed with the American Arbitration Association at its Philadelphia, Pennsylvania office, with the r uest that it commence the administration of the arbitration, Under the rules, you may file an answering statement wi . ten days aft r m the administrator. Signed . Steven E, Grub j,n;aYE'~a'fi:l Name of Claimant Title Attorney for Claimant Herre Bras" Ine, Address (to be used in connection with this case) City and State Telephone Name of Representative Representative's Address City and State Harrisburg, PA ZIP Code 17101 Telephone (717 ) 234-4161 FaxOn) 234-6808 To institute proceedings, please send three copies of this demand and the arbitration agreement, with the filing fee, as provided for in the rules, to the AAA, Send the original demand to {he respondent. Fo,m C'2-11/90 4417 Valley Road Enola, PA ZIP Code 17025-147!, Fax (717) 71?-R208 (717 ) T"?-6.456. Steven E, Grubb, Esquire 320 Market Street/Strawberry Square ~~".."..,..,- . and mat weather conditions had an adverse effect ll,led construction. Injury or Damage to Person or Property. If F party to the Contract suffers inju!)' or damage 10 person , r property because of an act or omission of me other pany, " of any of me omer party's employees or agents, or of omers for whose actS slIch pany is legally liable, written notice of such UUulY or damage, whemer or not Insured, shall be given to the other party within a reasonable time not exceeding 21 days after firs' obsorvance. The notice shall provide sufficienc detail to enable the other party to investigate the maner. If a Claim for additional cost or time related to this Claim is to be asserted, it shall be filed as provided In Subplll'agl'8phs 4,3.1 or 4.3.&, 4.4 RESOLUTION OF CJ.AIMS AND DISPUTES 4.4.1 The Architect will review Claims and take one or lIIore of the following preliminary "",Ions within ten days of receipt or a Claim: (1) request additional supporting dam from the claimant, (2) submit a schedule to the parties indicating when the Architect expects to take action, (3) reject the Claim in whole or in part, stating reasons for rejection, (4) recommend approval of lite Claim by the other party or (5) suggest a compromise, The Architect may also, but is not obligated to, notifY lite surety, if any, of the nature and amount of the Clalm, 4.4.2 If a Claim has been resolved, the Architect will prepare or obtain approp~ate doeumentation. 4.4.3 If a Claim has not been resolved, the party making the Claim shall, within ten days after the Architect's preliminary response, talce one or more of the following actions: (1) submit additional supporting data requested by the Atclti=t. (2) modifY the initial Claim or (3) notifY the Architect that the initial Claim Stallds. HERRE BROS PAGE 89 4.5.1 Controversiu and Claims Subject to Arbitration. Any controversy or Cblim arising out of Qr related to the Contract, or the brea~ thereof, sban be settled by ~ir:atiOI1 in accordance withtbe Construction Industry Arbitration Rules of the American Arbitration Association and judgment upon the award rendered by the arbitrator 0; arbitrators may be entered in any court haVing jurisdiction thereof, except controversies or Claims relating to aesthetic effect and elCcept those waived as provided for ill Subparagraph 4.3,5, Such controvel'$ies or Claims Upon which the Architect has given notice and render~ a decIsion as provided in Subparagraph 4,4.4 shall be 'Subject to arbitration upon weinen demand of either party, MltratlOll may be commenced when 4S days have passed after a Claim has been referred to the Architect 1$ provided in Paragraph 4.3 and no decision has beCJl tcIIdcrcd. 4.5.2 Rules. and Notices for Arblti'lltion. Claims between the Owner and COnlnlctOr not resolved under Paragraph 4.4 shalt, if subject to arbitration under Sllbparagraph 4.5.1. be decided by arbitrAtion in accordance with' the Constroctlon Industry Arbitration Rules of the American Arbitration Associatlon ClltTelidy in effecr. unless the parties mutually agree otherwise, Netice of demand for arbltntion shalt be filed in writing with the other party to the Agreement between the Owner and Contractor and with the American Arbitration Association, and a copy shall be filed with tile Architect, 4.5.3 Contact Performance During Arbitration, During arbitration proceedings, lite Owner and Contractor shall comply with Subparagraph -'1.3.4. ) j 4.5.4 When Arbitration May Be Demandod, Demand for arbiiration of any Claim may not be made until the ea~lier of (1) the date on whfch the Archltect has rendered a fmal written decision on the Claim, (2) the tenth day after the panies have presented evidence to the Architeet or have been given ~asonable opportunity to do so, if the Architect has not rendered a (mal written decision by that date, or (3) any of the fly. events described' in Subparagraph 4,3.2. Electronic Fonnat A201.1987 User Document A201,CON - 3/10/1998. AlA Ucense Number 100918, Which expires on 8/31/1996 - Page #16 I - ~ , . Respondent has improperly withheld $7,748.70, Respondent on or about August 23, 1999 brought to Claimant's attention a $7,748,70 charge which allegedly stemmed from damages caused by the Claimant and its Subcontractor. Respondent has withheld these amounts from the final payment due Claimant. This withholding is improper since: (a) Respondent did not properly notifY Claimant of the alleged damage, nor did it allow Claimant to correct or carry out the work for which it now withholds payment, in violation of contract Section 2.4.1 ; (b) the amount charged is unreasonable; ( c) Respondent waived its right to claim this charge since the architect approved payment in full to Claimant in March of 1999, without Respondent ever objecting to payment in full, or claiming the amount it now withholds, despite having the information prior to the architect's approval; and (d) it would be inequitable for Respondent to withhold the funds under these circumstances, ~-'- . fa Dispute Resolution Services Worldwide American Arbitration Association February 10, 2000 Steven E, Grubb, Esq, 320 Market Street/Strawberry Harrisburg, PA 17101 Richard P. Mislitsky 26 West High Street Carlisle, PA 17013 Re: 14 E 110 00332 99 HERRE BROS, , INC, and SOUTH MIDDLETON TOWNSHIP Dear Parties: " ,,~< ' lfl':l@ , _:0 230 South Broad Street, Floor 12, Philadelphia, PA 19102-4199 telephone: 215 732 5260, facsimile: 215 732 5002 http://www.adr.org Square FEEl c 4 ~=:J By direction of the arbitrator, we herewith transmit to you the duly executed award in the above. captioned matter, On behalf of both the Association and the parties, we would like to take this opportunity to thank the arbitrator for devoting the required time and attention to this matter, and assisting in the maintenance and high standards of the AAA and the ADR process. Joseph T, Sole Case administrator ~ ~ . L4. AMERICAN ARBITRATION ASSOCIATION CONSTRUCTION ARBITRATION TRIBUNAL In the Matter of the Arbitration between Re: 14 E 110 00332 99 HERRE BROS, , INC. and SOUTH MIDDLETON TOWNSHIP AWARD OF THE ARBITRATOR I, THE UNDERSIGNED ARBITRATOR, having been designated in accordance with the arbitration agreement entered into by the above-named parties, and dated June 8, 1998, and having duly heard the proofs and allegations of the parties, AWARD as follows: 1. SOUTH MIDDLETON TOWNSHIP, hereinafter referred to as RESPONDENT, shall pay to HERRE BROS., INC., hereinafter referred to as CLAIMANT, the sum of $7,043,70 plus interest from April 15, 1999, a breakdown of which follows: Original Claim.... .,.. .,...',.,.. .$7,748,70 Less Roof Costs"",.",. .,.",.,- $705,00 TOTAL, , , , , . , , . , , ., , . , . . . , , " , " , . . $7,043,70 2, The counterclaim of RESPONDENT against CLAIMANT is denied in its entirety, 3, The administrative fees and expenses of the American Arbitration Association totaling $1,596,50 shall be borne equally by the parties and paid as directed by the Association, Therefore, CLAIMANT shall pay to RESPONDENT the sum of $125,00 for that portion of their one-half share of the administrative fees and expenses previously advanced by CLAIMANT to the Association, 4, The arbitrator's fees totaling $620.00 shall be borne equally by the parties and paid as directed by the Association, 5. This Award is in full settlement of arbitration, to this DATED: Z-/t.-f(()O ON -~ .., ,- "",I .. ~)' AMERICAN ARBITRATION ASSOCIATION CONSTRUCTION ARBITRATION TRIBUNAL In the Matter of the Arbitration between Re: 14 E 110 00332 99 HERRE BROS, , INC, and SOUTH MIDDLETON TOWNSHIP AWARD OF THE ARBITRATOR I, THE UNDERSIGNED ARBITRATOR, having been designated in accordance with the arbitration agreement entered into by the above-named parties, and dated June 8, 1998, and having duly heard the proofs and allegations of the parties, AWARD as follows: 1. SOUTH MIDDLETON TOWNSHIP, hereinafter referred to as RESPONDENT, shall pay to HERRE BROS., INC, , hereinafter referred to as CLAIMANT, the sum of $7,043,70 plus interest from April 15, 1999, a breakdown of which follows: Original Claim"""...,."..,.,.. $7,748.70 Less Roof Costs.,."",..,.".".- $705.00 TOTAL. , , , , , . , , , , . , . , . . . , , . , , , . . . , ,$7,043.70 2, The counterclaim of RESPONDENT against CLAIMANT is denied in its entirety, 3, The administrative fees and expenses of the American Arbitration Association totaling $1,596,50 shall be borne equally by the parties and paid as directed by the Association. Therefore, CLAIMANT shall pay to RESPONDENT the sum of $125,00 for that portion of their one-half share of the administrative fees and expenses previously advanced by CLAIMANT to the Association, 4, The arbitrator's fees totaling $620,00 shall be borne equally by the parties and paid as directed by the Association, 5, This Award is in full settlement of all claims/submi"t~, d arbitration, // f4j~A ~~ DATED: ~ (JJ C, to this LAw'OFFICES SAID IS, SHUFF & MASLAND A PROFESSIONAL CORPORATION JOHN E. SLIIill ROBERT C. SAIDIS GEOFFREY S. SHUFF ALBERT H, MASLAND JOHNNA J. DEILY RICHARD p, MISLlTSKY t JAMES E. REID, JR. tt KARL M, LEDEBOHM JOSEPH L. HITCHINGS MARK W, ALLSHOUSE 26 WEST HIGH STREET CARLISLE, PENNSYLVANIA 17013-2956 TELEPHONE: (717) 243-6222 . FACSIMILE: (717) 243-6486 EMAIL: law@ssmallys.com ~ -' ,;;-J, c__, __ , WEST SHORE OFFICE: 2109 MARKET STREET CAMP HILL. PA 17011 TELEPHONE: (717) 737-3405 FACSIMILE: (717) 737-3407 MAR 2 1 2000 REPLY TO CARLISLE March 16, 2000 Steven E, Grubb, Esquire Strawberry Square 320 Market Street Harrisburg, PA 17101 Re: South Middleton Township - Herre Bros. Dear Mr, Grubb: I am in receipt of your correspondence, Township to make payment. I have asked the Sincerely yours, SAIDIS, iiUFF & MASLAND /{Lch , Richard p, Mislitsky RPM!so v' t CERTIFIED AS A CIVIL TRIAL ADVOCATE BY THE NATIONAL BOARD OF TRIAL ADVOCACY A PENNSYLVANIA SUPREME COURT ACCREDITED AGENCY tt L.L.M. IN TAXATION 84/87/2888 18:38 117 732~8288 ,MAR-29~OO IJED ll<!:U4 I'M :iUUIIl fIlUULtl-Ul'h. HERRE BROS , ..~,~ ,,-,.4.-un INI I.' 1.."'''' ......, PAGE 82 ..south Llt}-idllletoD 70WDSlrip 520 P:ark Drive, Boiling Spria~. PA 11007 PHONE: (711) 251-5314 FA."<: (711) 2.51-3577 FACSlMlLE . ~ .1 TO: f2d" _ 0,n'''N COMl'ANY: ~rrr:. LB...",,'S . DA 1'1.: _.3./2,z/go FROM: 7.).-...~.- /JL<.",,/4s-r n j , RE: ,....-".01'"-" ~d'; "'IESSAGE;~--7)..._ ,r;;,/Iot..J;II..'Je ,/IC.'M" h.....1A!... 11..ev....'" 6-c.e>") ,. ./ t!.o/.U).Mh~~l.i .- ,L 'dLP-( AA..f ",-u:..flnJo;"t:e.r:/ ~ k~_ , . ~4'JIP-L'S '_ "',"', -'.','"',-""\;"t"'~',,",. ----'"""'""- Ple~ue CollIIIl$ innnedil1tety if th~ trnDsmjs~ioll YOII l"ecetve Is incomplete Or ilIepltt. , Number of p::ilg~ inel.&diag this covcr pll.gc "7 NOTICE 01' CONnD~~UJTY: Tbe st:llllllCll4l1ll'lIU,IJ")' \locumeau lacllld.d witll ell;' Jaai_i1,; t~"slllirtAl ablet '~IlClIIl illf~r'JI3tioll froln Soutl. Middletou Towpshlp rh:1t is Cfj~1ttllll. prlPl16:-tI """ "'""'Pt /,om Ji.tc!osure "nd~r applio::\blc laws. Tbis luforDll111011 k inllnded to he for tile e;tchui"e 11I1 of tlae plllCd . ' ndd~se". ItyolI are uot tb" ~ddre5.'lC"f note tb"t "0)' di$elosure.,copy;n:. disttibuti~B or....r I'" ....feats oftbis c",,"sll\it.::alls p...,hibjc.~ If ;yo.. h:Wll recei"..llhis fncsilnUe in e.....r, ple:lSe imm"di::alely Bntifylll 8t ,be above numb"r .la tb:lt we .nll nrDlI:e for tbe retn...."1 of che anein:>.1 d~.III1lGBt Ilt aa eMt to you. ~~:-Y;t~r , ,~"~,-,,,~ IflIMli,lilOOiI , -.rJli$.iw~ili!ii:m.N~fjjJl lJliil'lf~ -~,' 1l1~~hili8~,jli1I;Wl-,""'"' "' . ~,...,;.,^' " ~ -n'-''"-1!iiiIIlIiI .,.~~ -',"- 1~ ~ ~ ( Q ~ l~ ~ v -" , !', ,; I' I I , I' I i I (') D (') I c-- c::; -J} , ~ <J ~ 1 ~ !l7 --0 rT; ;-- ,;t ~ :I ~T) I -' .-:: -.~ c-\ t'..-__.:..- -'. (~) ,'; ::;;" -;"1 " (~J , ,~ ') .J20. .t.-~ --'"1 2 '--, , j :::) , .", -_'_.1 --< (-0 -< ,~" ~,-- ,,";t,,;l;{fJ;K-ff.~ ,-. . -, GOLDBERG, KATZMAN & SHIPMAN, P,C. Steven Eo Grubb, Esquire ID#:75897 PO Box 1268 Harrisburg, PA 17108-1268 (717) 234-4161 Fax: (717) 234-6810 Attorney for Movant HERRE BROTHERS, INC. Movant vs. SOUTII MIDDLETON TOWNSHIP Respondent '~ -'~ ~ IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO, 00-2360 CIVIL ACTION - LAW TO THE PROTHONOTARY: Please mark the above-captioned matter paid in full, satisfied and ended. By: Dated: May 11,2000 GOLDBERG KATZMAN & SHIPMAN, P.c. St en E. Grubb, Esqui 320 Market Street P.O, Box 1268 Harrisburg, P A 171 08-1268 (717) 234-4161 Attorney for Movant .- , - " ~,- '~!' , . CERTIFICATE OF SERVICE I HEREBY CERTIFY that I served a true and correct copy of the foregoing document upon all parties of counsel of record by depositing a copy of same in the United States Mail at Harrisburg, Pennsylvania, with Certified, first-class postage prepaid, addressed to the following: Richard p, Mislitsky, Esquire Saidis, Shuff & Masland 25 West High Street P,O, Box 660 Carlisle, PA 17103-6486 B: St en E. Grubb Attomey 1. D. No. 75897 GOLDBERG, KATZMAN & SHIPMAN, P.C, 320 Market Street P,O, Box 1268 Harrisburg, PA 17108-1268 (717) 234-4161 Attomey for Movant 1~_IIIi~~JO .lfiDMiliMilm~~~<;Wj~*,-~n..'~~~'ilIlI.-'> '- ~ ^~~,"-~C;'''"_,, ~ _ - ^" -~- '">'-- -" , -~. ., "' 'tlIillIlIolljflllll ~..~ C' .tl!illlll<ili:i! ~~ -,~ ^-, ^^ " ~ "',," '1lI~ o k <" ,)(:6 fll~ Z:u ZC ~5: r<O )>,...--. ~C~ ~p.C ~ ,~- ,- , . o C> ::x ~;::!~ :., o "TI ,.-4 .~ !::~lFF-- -'-1"0- -, .~C! ,uL :)" "--{....... :::,C:g r)~.: 7C) Om ~ -< 1'0 -T.J ::r;: ~ N N