Stavola Contracting Co. v. Dario Construction Co.

New Jersey Superior Court App Division

Stavola Contracting Co. v. Dario Construction Co.

246 A.2d 477, 102 N.J. Super. 581, 1968 N.J. Super. LEXIS 497

CourtNew Jersey Superior Court Appellate Division

DecidedSeptember 17, 1968

StatusPublished

This text of 246 A.2d 477 (Stavola Contracting Co. v. Dario Construction Co.) is published on Counsel Stack Legal Research, covering New Jersey Superior Court Appellate Division primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Stavola Contracting Co. v. Dario Construction Co., 246 A.2d 477, 102 N.J. Super. 581, 1968 N.J. Super. LEXIS 497 (N.J. Ct. App. 1968).

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Opinion

Per Curiam.

The judgment is affirmed essentially for the reasons stated in the opinion rendered by Judge Lane in the Chancery Division. 98 N. J. Super. 328 (1967).

We add the following. On the assumption of the correctness of claimant’s contention that the restraint prohibited filing the lien claim or an enforcement action, claimant nevertheless had from September 28, 1967 to October 23, 1967, before the time bar of the statute foreclosed it, within which either to request leave to file the claim and action, or to request modification of the restraint so as to eliminate the-.supposed prohibition of such filing. Its failure timely to take either step militates against its present plea advanced on purported grounds of fairness and equity of entitlement to the relief it now seeks.

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Per Curiam.

The judgment is affirmed essentially for the reasons stated in the opinion rendered by Judge Lane in the Chancery Division. 98 N. J. Super. 328 (1967).

We add the following. On the assumption of the correctness of claimant’s contention that the restraint prohibited filing the lien claim or an enforcement action, claimant nevertheless had from September 28, 1967 to October 23, 1967, before the time bar of the statute foreclosed it, within which either to request leave to file the claim and action, or to request modification of the restraint so as to eliminate the-.supposed prohibition of such filing. Its failure timely to take either step militates against its present plea advanced on purported grounds of fairness and equity of entitlement to the relief it now seeks.

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Bluebook (online)

246 A.2d 477, 102 N.J. Super. 581, 1968 N.J. Super. LEXIS 497, Counsel Stack Legal Research, https://law.counselstack.com/opinion/stavola-contracting-co-v-dario-construction-co-njsuperctappdiv-1968.