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PORT LIBERTE PART. v. STROBER BROS.

228 N.J. Super. 155 (1988)

549 A.2d 72

PORT LIBERTE PARTNERS, PLAINTIFF, v. STROBER BROTHERS, INC., STRUCTURAL SYSTEMS CO., INC. UNITED STAIRS CORPORATION AND METCORP, INC., DEFENDANTS.

Superior Court of New Jersey, Law Division Hudson County.

Decided August 12, 1988.

Attorney(s) appearing for the Case

John R. Frieri for plaintiff Port Liberte Partners, (Peckar & Abramson)

Joseph C. Amann for defendant Strober Brothers, Inc. (Deutch, Shur & Nord)

RODRIGUEZ, J.S.C.

The primary issue before the court is whether a materialman or subcontractor is precluded from filing a mechanics' notice of intention by reason of the prior filing of a construction management agreement. In other words, is such an agreement to be considered a contract within the meaning of N.J.S.A. 2A:44-75? The facts are not in dispute. Plaintiff is a limited partnership which owns real property on the Jersey City waterfront. On January...

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