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O'BOYLE v. FAIRWAY PRODUCTS, INC.

169 N.J. Super. 165 (1979)

404 A.2d 365

MARTIN E. O'BOYLE, PLAINTIFF-APPELLANT, v. FAIRWAY PRODUCTS, INC., GEORGE M. DIEMER AND ROBERT C. PACILLI, DEFENDANTS-RESPONDENTS.

Superior Court of New Jersey, Appellate Division.

Decided June 27, 1979.

Attorney(s) appearing for the Case

Mr. John A. Yacovelle, attorney for appellant.

Messrs. Charles, Sturm & Master, attorneys for respondents Fairway Products, Inc. and Robert C. Pacilli (Mr. John J. Master, Jr. on the brief).

Messrs. Laskin & Botcheos, attorneys for respondent George M. Diemer (Mr. Lee B. Laskin on the brief).

Before Judges CONFORD, PRESSLER and KING.

PER CURIAM.

After the filing of an earlier complaint and notice of lis pendens, and the entry of an order in the Chancery Division discharging the notice of lis pendens because the action was regarded as one for damages rather than one "to enforce a lien * * * or to affect the title to real estate or a lien or encumbrance thereon," N.J.S.A. 2A:15-6, plaintiff herein filed a new complaint and notice of lis pendens. That complaint clearly...

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