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WEST VIRGINIA STEEL CORP. v. SPARTA STEEL CORP.

812 A.2d 1134 (2003)

356 N.J. Super. 398

WEST VIRGINIA STEEL CORP., Plaintiff-Appellant, v. SPARTA STEEL CORPORATION; Lester Senior Housing Jewish Community Center; County of Passaic, Defendants-Respondents, and Great Atlantic & Pacific Tea Company; Sports Authority, Inc.; Morris and Michael Kaplan; Meadow Park Associates; Sisters of St. Dominick; Orange County, New York; Essex County, New Jersey; Bloomfield College and Seminary; S.M.S., Inc.; Trustees of Rutgers University; JFK Medical Center Foundation, Inc.; Sutton Plaza Ltd; Wayne General Hospital; Delrick Construction Co., Inc.; Prismatic Development Corp., and ABC Corp. 1-20 and John Does 1-20, Defendants.

Superior Court of New Jersey, Appellate Division.

Decided January 7, 2003.

Attorney(s) appearing for the Case

Paul S. Doherty, III, argued the cause for appellant (Hartmann Doherty, attorneys; Mr. Doherty, of counsel and on the brief).

Cheryl H. Burstein, West Orange, argued the cause for respondents Sparta Steel Corporation and Lester Senior Housing Jewish Community Center (Mandelbaum, Salsburg, Gold, Lazris, Discenza & Steinberg, attorneys; Ms. Burstein and Richard M. Salsburg, of counsel and on the brief).

Michael H. Glovin, Assistant County Counsel, argued the cause for respondent County of Passaic (William J. Pascrell, III, County Counsel, attorney; Mr. Glovin, of counsel and on the brief).

Cole, Schotz, Meisel, Forman & Leonard, attorneys for respondent JFK Medical Center Foundation, have not filed a brief.

Steve Mannion, Essex County Counsel, attorney for defendant County of Essex, has not filed a brief.

Purcell, Ries, Shannon, Mulcahy & O'Neill, attorneys for defendant SMS, Inc., have not filed a brief.

Before Judges PETRELLA, BRAITHWAITE and PARKER.

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

This appeal arises out of plaintiff's attempt to enforce construction and mechanic's liens against three defendants. Plaintiff, West Virginia Steel Corp. (WVS), fabricates and furnishes structural steel products for use in construction projects. Defendant, Sparta Steel Corp. (Sparta), served as an agent and distributor for WVS products and sold them to the remaining...

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