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J.R.H. ELECTRICAL-MECHANICAL CONTRACTING CORP. v. COAST LUMBER AND SUPPLY COMPANY, INC.

247 N.J. Super. 53 (1991)

588 A.2d 850

J.R.H. ELECTRICAL-MECHANICAL CONTRACTING CORP., A NEW JERSEY CORPORATION, PLAINTIFF-APPELLANT, v. COAST LUMBER AND SUPPLY COMPANY, INC., A NEW JERSEY CORPORATION, DEFENDANT. TOMS RIVER WATER CO., A NEW JERSEY CORPORATION, DEFENDANT/THIRD-PARTY PLAINTIFF-RESPONDENT, v. C.L.S. CONSTRUCTION MANAGEMENT CO., THIRD-PARTY DEFENDANT.

Superior Court of New Jersey, Appellate Division.

Decided April 1, 1991.

Attorney(s) appearing for the Case

Lucinda W. Lane argued the cause for appellant (Stokes, Throckmorton & Lane, attorneys, Ann B. Bradley on the brief).

Joseph Scalia argued the cause for defendant/third-party plaintiff-respondent (Schuman, Butz, Bezdecki & Scalia, attorneys, Joseph Scalia on the brief).

Before Judges KING, LONG and R.S. COHEN.

The opinion of the court was delivered by R.S. COHEN, J.A.D.

This is an action on a mechanic's lien. Summary judgment was entered dismissing the action on the thesis that the lien was invalid because, contrary to N.J.S.A. 2A:44-71, the copy of the mechanic's notice of intention required to be served upon the owner was served more than 5 days after filing of the notice with the county clerk. Plaintiff appealed, and we reverse.

On October 7, 1988, plaintiff...

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