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RUSLAINE HOMES v. GUEST

123 N.J. Super. 505 (1973)

303 A.2d 623

RUSLAINE HOMES, A NEW JERSEY CORPORATION, PLAINTIFF, v. MARION D. GUEST AND PATRICIA A. HAFER, JOHN SCARPA AND CHELSEA TITLE AND GUARANTY COMPANY, A NEW JERSEY CORPORATION, JOINTLY, SEVERALLY AND IN THE ALTERNATIVE, DEFENDANTS.

Superior Court of New Jersey, Cape May County Court, Law Division.

Decided April 13, 1973.

Attorney(s) appearing for the Case

Mr. Norman Zlotnick for plaintiff (Messrs. Perskie and Callinan, attorneys).

Mr. Vincent Lamanna for defendants Marion D. Guest and Patricia A. Hafer (Messrs. Rubins and Lamanna, attorneys).

Mr. Robert Butler for defendant John Scarpa (Messrs. Tuso and Gruccio, attorneys).

STALLER, J.C.C.

The defendants have moved to set aside, and to have declared invalid, the lien claim filed by the plaintiff corporation under the provisions of N.J.S.A. 2A:44-75.

The defendants negotiated with the plaintiff, a builder, for the construction of two duplex homes. As a result of the negotiations, an agreement was entered into on April 16, 1972, between the defendants, designated as owners of the lands upon which the structures were to be...

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