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MISELLY MASONS, INC. v. D.H. OVERMYER CO., INC.

113 N.J. Super. 524 (1970)

274 A.2d 584

MISELLY MASONS, INC., A NEW JERSEY CORPORATION, PLAINTIFF-APPELLANT, v. D.H. OVERMYER CO., INC., A NEW JERSEY CORPORATION; PEOPLES TRUST COMPANY OF BERGEN COUNTY, A BANKING CORPORATION OF THE STATE OF NEW JERSEY; GIBBONS CONSTRUCTION COMPANY, INC., A CORPORATION OF THE STATE OF NEW JERSEY; GREEN AND WHITE CONSTRUCTION COMPANY, INC., A CORPORATION; MIDDLESEX CONCRETE PRODUCTS AND EXCAVATING COMPANY, A CORPORATION OF THE STATE OF NEW JERSEY; BEST BLOCK COMPANY, INC., A CORPORATION OF THE STATE OF NEW JERSEY; UTILITY-SEBOLT CO., A CORPORATION OF THE STATE OF NEW JERSEY; AND ISIDORE FRIEDMAN, DEFENDANTS-RESPONDENTS.

Superior Court of New Jersey, Appellate Division.

Decided October 7, 1970.

Attorney(s) appearing for the Case

Mr. Morton Joel Goldfein argued the cause for plaintiff-appellant (Messrs. Greenbaum, Greenbaum & Rowe, attorneys; Mr. Arthur M. Greenbaum, of counsel).

Mr. Edward P. Lynch argued the cause for defendant-respondent D.H. Overmyer Co., Inc. (Messrs. Pitney, Hardin & Kipp, attorneys; Mr. Clyde A. Szuch, of counsel).

Before Judges SULLIVAN, COLLESTER and LABRECQUE.

PER CURIAM.

Plaintiff Miselly Masons, Inc. appeals from an order granting summary judgment in favor of defendant D.H. Overmyer Co., Inc.

Overmyer hired defendant Green and White Construction Co., Inc. to construct a warehouse facility on its property in Woodbridge, New Jersey. Green and White subcontracted the masonry work on the project to plaintiff who filed notices of intention in connection therewith. When plaintiff later filed a mechanic's lien claim...

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