NATIONAL LUMBER COMPANY v. LeFRANCOIS CONSTRUCTION CORPORATION


430 Mass. 663 (2000)

NATIONAL LUMBER COMPANY v. LEFRANCOIS CONSTRUCTION CORPORATION & others.

Supreme Judicial Court of Massachusetts, Worcester.

January 28, 2000.


Attorney(s) appearing for the Case

Thomas I. Elkind (Michael R. Pontrelli & Andrew Keith Goldstein with him) for Dean E. Schwartz & another.

Louis J. Caccavaro, Jr. (Mark E. Barnett with him) for the plaintiff.

The following submitted briefs for amici curiae:

Robert V. Lizza, Paul M. James, & Edward R. Hickey for Associated General Contractors of Massachusetts.

Michael E. Malamut for New England Legal Foundation.

Alvin S. Nathanson, pro se.

J. Patrick Walsh for Chicago Title Insurance Company.

Richard Urban & Ward P. Graham for Stewart Title Guaranty Company.

Gordon H. Piper & Diane C. Tillotson for Massachusetts Conveyancers Association, Inc., & another.

Marshall F. Newman for Northeastern Retail Lumber Association & another.

Present: MARSHALL, C.J., ABRAMS, LYNCH, GREANEY, & IRELAND, JJ.


MARSHALL, C.J.

The defendants, Dean and Stephanie Schwartz (Schwartzes), appeal from a ruling of the Appellate Division of the District Court affirming an order of a judge in the District Court denying their motion for judgment on the pleadings. The Appellate Division held that National Lumber Company (National Lumber) had perfected and could enforce its mechanic's lien on the Schwartzes' property in accordance with G. L. c. 254, the mechanic's lien statute. We granted...

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