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F. BENDER, INC. v. JOS. L. MUSCARELLE, INC.

304 N.J. Super. 282 (1997)

F. BENDER, INC. T/A FLAGSHIP CONSTRUCTION, PLAINTIFF-APPELLANT, v. JOS. L. MUSCARELLE, INC. AND THE HERTZ CORPORATION, DEFENDANTS-RESPONDENTS, AND TRI-GEE DEVELOPMENT CO., INC., DEFENDANT.

Superior Court of New Jersey, Appellate Division.

Decided July 16, 1997.

Attorney(s) appearing for the Case

Joseph A. Ferriero, attorney for appellant (Mr. Ferriero, of counsel; Mitchell L. Pascual, on the letter brief).

Peckar & Abramson, attorneys for respondents (Gerard J. Onorata, of counsel and on the brief).

Before Judges DREIER and VILLANUEVA.

The opinion of the court was delivered by VILLANUEVA, J.A.D. (retired and temporarily assigned on recall).

Plaintiff, F. Bender, Inc. t/a Flagship Construction, appeals from a summary judgment dismissing its complaint for a quantum meruit recovery for construction work it performed as sub-subcontractor at the Hertz facility at Newark International Airport. We affirm.

J.L.M. Phoenix Construction Corp. entered into a prime contract with The Hertz Corporation...

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