NATIONAL LUMBER COMPANY v. FORT REALTY CORPORATION


1999 Mass. App. Div. 235 (1999)

National Lumber Company v. Fort Realty Corporation, and others v. The Community Bank

Massachusetts Appellate Division, Southern District.

September 23, 1999.


Attorney(s) appearing for the Case

Mark E. Barnett for the plaintiff.

Robert Mangiaratti for the defendants.

James M. Burke for the third-party defendant.

Present: Aguiar, P.J., Welsh & Crimmins, JJ.


Welsh, J.

A supplier of building material seeks in these actions to establish a mechanic's lien agreeable to G.L.c. 254, §4. Fort Realty was the general contractor and is now defunct. The defendants are who contracted with Fort to build homes for them. The third party defendant is a lending institution holding construction notes for construction loans for the premises. Fort plays no part in these appeals.

The motion judge determined that the supplier...

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