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I.S. SMICK LUMBER v. HUBSCHMIDT

182 N.J. Super. 306 (1982)

440 A.2d 1160

I.S. SMICK LUMBER, PLAINTIFF-RESPONDENT, v. MARTHA E. HUBSCHMIDT AND JOHN F. HUBSCHMIDT, HER HUSBAND, STEPHEN P. FAULKNER, T/A PRIDE CONSTRUCTION COMPANY, THE FEDERAL LAND BANK OF SPRINGFIELD, AND PRODUCTION CREDIT ASSOCIATION OF BRIDGETON, DEFENDANTS-APPELLANTS.

Superior Court of New Jersey, Appellate Division.

Decided January 11, 1982.

Attorney(s) appearing for the Case

Harry A. Adler argued the cause for appellants.

Lawrence W. Point argued the cause for respondent (Action & Point, attorneys).

Before Judges MICHELS, McELROY and J.H. COLEMAN.

PER CURIAM.

Defendants appeal an order granting summary judgment to plaintiff, a lumber dealer who filed and served a mechanic's and materialman's lien with respect to materials supplied to a building owned by defendants Hubschmidt. Service of the lien was made by ordinary mail and was admittedly received by those defendants within five days of the date the notice of intention was filed in the county clerk's office...

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