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TOWNSHIP OF PARSIPPANY-TROY HILLS v. LISBON CONTRACTORS, INC.

303 N.J. Super. 362 (1997)

TOWNSHIP OF PARSIPPANY-TROY HILLS, A MUNICIPAL CORPORATION IN THE COUNTY OF MORRIS AND STATE OF NEW JERSEY, PLAINTIFF-RESPONDENT, v. LISBON CONTRACTORS, INC., A PENNSYLVANIA CORPORATION AUTHORIZED TO DO BUSINESS IN THE STATE OF NEW JERSEY, DEFENDANT-APPELLANT, AND VICTORY ENVIRONMENTAL SERVICES, INC., A DELAWARE CORPORATION AUTHORIZED TO DO BUSINESS IN THE STATE OF NEW JERSEY; THE TOWN OF PHILLIPSBURG, A MUNICIPAL CORPORATION IN THE COUNTY OF WARREN AND THE STATE OF NEW JERSEY; AND JOSEPH VAUGHAN, DEFENDANTS. LISBON CONTRACTORS, INC., THIRD-PARTY PLAINTIFF, v. JOSEPH VAUGHAN, THIRD-PARTY DEFENDANT/FOURTH-PARTY PLAINTIFF, v. RUSSELL REID WASTE HAULING AND DISPOSAL SERVICE CO., INC., FOURTH-PARTY DEFENDANT.

Superior Court of New Jersey, Appellate Division.

Decided July 31, 1997.

Attorney(s) appearing for the Case

Patricia L. Talcott argued the cause for appellant (Kaplin, Stewart, Meloff, Reiter & Stein, attorneys; Ms. Talcott on the brief).

Marc J. Friedman argued the cause for respondent (Rich & Friedman, attorneys; Alan J. Rich, of counsel; Janet B. Malay on the brief).

No other parties participated in this appeal.

Before Judges SKILLMAN, A.A. RODRIGUEZ and CUFF.

CUFF, J.A.D.

In this case, we must determine whether plaintiff Township of Parsippany-Troy Hills (Parsippany-Troy Hills), which disposed of sludge from a sewage treatment facility of another municipality, is entitled to assert a lien pursuant to the Municipal Mechanics' Lien Law when it was not paid for the work it performed.

The facts are largely undisputed. The Township of Phillipsburg (Phillipsburg) awarded a contract to defendant Lisbon Contractors, Inc...

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