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BALDYGA CONSTR. CO. v. HURFF

174 N.J. Super. 616 (1980)

417 A.2d 110

BALDYGA CONSTRUCTION COMPANY, INC., A NEW JERSEY CORPORATION, PLAINTIFF-RESPONDENT, v. DONALD A. HURFF, SR. AND DIANE F. HURFF, HIS WIFE, DEFENDANTS-APPELLANTS.

Superior Court of New Jersey, Appellate Division.

Decided July 1, 1980.

Attorney(s) appearing for the Case

John W. Gilbert argued the cause for appellants.

There was no appearance for respondent.

Before Judges MATTHEWS and POLOW.

PER CURIAM.

This is an appeal pursuant to leave granted, from the denial of summary judgment in the Law Division. R. 2:2-4.

The procedural history and facts of the case are adequately set out in the trial judge's opinion which is reported at 164 N.J. Super. at 587 (Law Div. 1978).

The trial judge concluded:

It would be unreasonable and contrary to the remedial spirit of the mechanic's lien law to bar a subcontractor from recovery...

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