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L & W SUPPLY CORP. v. DeSILVA

Docket No. A-2960-10T2

57 A.3d 558 (2012)

429 N.J. Super. 179

L & W SUPPLY CORPORATION d/b/a Building Specialties, Plaintiff-Respondent, v. Joe DeSILVA t/d/b/a DeSilva Contractors, Detail Contractors, Inc., DeSilva Drywall, Inc. and all other trade names and related and successor entities, Joe DeSilva, Defendants, and Patock Construction Co., Inc., Extended Medical Care Corp., Meridian Health/Meridian Nursing & Rehabilitation, Travelers Casualty and Surety Company of America, Defendants-Appellants.

Superior Court of New Jersey, Appellate Division.

Decided December 19, 2012.

Attorney(s) appearing for the Case

Martin J. Arbus , Ocean, attorney for appellants ( Leonard S. Needle , Fair Haven, on the briefs).

Miller Law Offices, P.C., attorneys for respondent ( Larry L. Miller , Montvale, on the brief).

Before Judges FUENTES, GRALL and ASHRAFI.

The opinion of the court was delivered by

ASHRAFI, J.A.D.

This appeal requires our application of the Construction Lien Law, N.J.S.A. 2A:44A-1 to -38, where a subcontractor became insolvent and did not pay for all the materials it purchased for a building project. The Supreme Court held in Craft v. Stevenson Lumber Yard, Inc., 179 N.J. 56, 63, 843 A.2d 1076 (2004), that a materials...

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