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LEGGE IND. v. KUSHNER HEBREW ACAD.

756 A.2d 608 (2000)

333 N.J. Super. 537

LEGGE INDUSTRIES, a Division of Anneg Builders, Inc., A New Jersey Corporation, Plaintiff-Appellant, v. JOSEPH KUSHNER HEBREW ACADEMY/JKHA; Palent Construction Co., a New Jersey Corporation, Defendants-Respondents, Pond, Inc., a New Jersey Corporation, Defendant. Colonial Concrete Co., A New Jersey Corporation, Plaintiff-Appellant, v. Joseph Kushner Hebrew Academy/JKHA; Palent Construction Co., A New Jersey Corporation, Defendants-Respondents, Pond, Inc., a New Jersey Corporation, Defendant. Premco Construction Co., A New Jersey Corporation, Plaintiff-Appellant, v. Joseph Kushner Hebrew Academy/JKHA; Palent Construction Co., a New Jersey Corporation, Defendants-Respondents, POND, INC., a New Jersey Corporation, Defendant.

Superior Court of New Jersey, Appellate Division.

Decided July 27, 2000.

Attorney(s) appearing for the Case

Charles A. Strenk, Morristown, argued the cause for appellants Legge Industries, Colonial Concrete Co. and Premco Construction Co. (Kiernan & Strenk, attorneys; Mr. Strenk on the brief).

Stephen M. Charme, Florham Park, argued the cause for respondent Joseph Kushner Hebrew Academy, Inc., (Witman, Stadtmauer & Michaels, attorneys; Mr. Charme and Ruth R. Schwartz, on the brief).

Faith A. Ullmann, Parsippany, argued the cause for respondent Palent Construction Co. (Slavitt Simon & Neuer, attorneys; Richard I. Simon, of counsel and Ms. Ullmann on the brief).

Before Judges BAIME, EICHEN and WECKER.

The opinion of the court was delivered by WECKER, J.A.D.

This appeal concerns the interpretation and application of the Construction Lien Law, N.J.S.A. 2A:44A-1 to -38 (the Lien Law)2 to lien claims filed against a property owner by several suppliers to a defaulting contractor. We conclude that summary judgment was erroneously granted in favor of defendants, and we reverse.

I....

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