National Siding Corp. v. DiTrani

*66The opinion of the court was delivered by

Gaulkin, S. J. A. D.

Plaintiff materialman sued to impress a mechanic’s lien upon the property owned by defendant Hellinghausen (hereafter owner) for building material sold to Di Trani for use in repairing the owner’s home. The trial court granted the owner’s motion for summary judgment on the ground that plaintiff had not served a copy of its notice of intention upon the owner within the time limited by N. J. S. 2A:44-71. Its opinion is reported in 95 N. J. Super. 442 (Law Div. 1967). Plaintiff appeals. We reverse.

This matter is before the court on an…