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SHEER BROS., INC. v. MARLBORO HOME BUILDERS, INC.

156 N.J. Super. 451 (1978)

383 A.2d 1225

SHEER BROTHERS, INC., PLAINTIFF, v. MARLBORO HOME BUILDERS, INC. ET AL., DEFENDANTS.

Superior Court of New Jersey, Law Division.

Decided February 15, 1978.

Attorney(s) appearing for the Case

Mr. Wayland A. Lucas for plaintiff.

Mr. John O. Sitzler for defendants (Messrs. Mathews & Sitzler, attorneys).

MILLER, J.C.C., Temporarily Assigned.

This is a case involving the question of the cancellation of a mechanic's notice of intention, properly filed under N.J.S.A. 2A:44-71 et seq., once the four months following the date of the final labor or delivery has passed. N.J.S.A. 2A:44-91, without the filing of a lien claim. It presents the question of the existence of remedies to prevent the invoking of the defense of the statute of limitations in an...

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