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HELJON MANAGEMENT CORP. v. DI LEO

55 N.J. Super. 306 (1959)

150 A.2d 684

HELJON MANAGEMENT CORP., A CORPORATION OF THE STATE OF NEW YORK, PLAINTIFF-RESPONDENT, v. JOSEPH DI LEO, AND DOMINICK NERI, PARTNERS, TRADING AS DUN-RITE DRIVEWAY CO., DEFENDANTS-APPELLANTS.

Superior Court of New Jersey, Appellate Division.

Decided April 23, 1959.

Attorney(s) appearing for the Case

Mr. Robert J. Jerome argued the cause for defendants-appellants.

Mr. H. Lee Sarokin argued the cause for plaintiff-respondent (Messrs. Lasser and Lasser, attorneys).

Before Judges GOLDMANN, CONFORD and FREUND.

The opinion of the court was delivered by FREUND, J.A.D.

Defendants, mechanics' lien subcontractors, appeal from a summary judgment entered in the Law Division of the Superior Court in favor of the plaintiff on the first count of the complaint and dismissing their counterclaim. Plaintiff is the owner of the premises upon which the defendants seek to impose a lien. The complaint seeks, in its first count, to discharge from the records a mechanics' notice of intention...

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