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MAURICE E. KEATING, INC. v. TP. OF SOUTHAMPTON

149 N.J. Super. 118 (1977)

373 A.2d 421

MAURICE E. KEATING, INC., PLAINTIFF, v. THE TOWNSHIP OF SOUTHAMPTON, A MUNICIPAL CORPORATION, ET AL., DEFENDANTS, AND TRAP ROCK INDUSTRIES, INC., A NEW JERSEY CORPORATION AND M.J. STAVOLA INDUSTRIES, A NEW JERSEY CORPORATION, DEFENDANTS, THIRD PARTY PLAINTIFFS-APPELLANTS, v. INTERNATIONAL FIDELITY INSURANCE COMPANY, A CORPORATION OF THE STATE OF NEW JERSEY, THIRD PARTY DEFENDANT-RESPONDENT.

Superior Court of New Jersey, Appellate Division.

Decided April 13, 1977.

Attorney(s) appearing for the Case

Mr. W. Peter Ragan argued the cause for appellants (Messrs. Schaefer & Crawford, attorneys).

Mr. Thomas J. Demski argued the cause for respondent (Messrs. Sills, Beck, Cummis, Radin & Tischman, attorneys; Mr. Marc Morley Kane on the brief).

Before Judges FRITZ, ARD and PRESSLER.

PER CURIAM.

The principal question presented on this appeal is whether the time limitation imposed by N.J.S.A. 2A:44-145 before an action may be brought against any surety on the bond required for certain public works, commences when the claimant completes his obligation to the project and that contribution, less than the whole, is accepted. We answer that question in the negative. The statute is clear and unambiguous in its direction that no action may be...

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