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BUILDERS BLOCK & SUPPLY CO. v. ST. BRENDAN CONSTR. CO.

141 N.J. Super. 458 (1976)

358 A.2d 816

BUILDERS BLOCK & SUPPLY CO., INC. A CORPORATION OF THE STATE OF NEW JERSEY, PLAINTIFF-APPELLANT, v. SAINT BRENDAN CONSTRUCTION CO., JOSEPH J. WINKLER AND ANITA WINKLER, HIS WIFE, AND THE MANUFACTURERS HANOVER TRUST COMPANY, A NEW YORK BANKING CORPORATION, DEFENDANTS-RESPONDENTS.

Superior Court of New Jersey, Appellate Division.

Decided May 12, 1976.

Attorney(s) appearing for the Case

Messrs. DeBona, Goldberg & Johnson, attorneys for appellant (Mr. Robert P. Grabowski on the brief).

Messrs. Starkey, Turnbach, White & Kelly, attorneys for respondents (Mr. Michael E. Cunningham on the brief).

Before Judges MATTHEWS, LORA and MORGAN.

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

This appeal involves an action based on the mechanic's lien statute, N.J.S.A. 2A:44-64 et seq. Plaintiff, a supplier of building materials, filed a complaint on May 30, 1975 against defendants Saint Brendan Construction Co. (builder), the Winklers (purchasers of the home built by the builder) and Manufacturers Hanover Trust Company (mortgagee). The builder failed to answer and a default judgment...

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