James Falcone Plumbing and Heating Co., Inc. v. Pasquale

James Falcone Plumbing and Heating Co., Inc. v. Pasquale, 26 N.J. Super. 285, 290-92, 97 A.2d 720 (App.Div.1953) addressed the express prohibition of the repealed Mechanics' Lien Law against advance payments inconsistent with the payment schedule and holding that "generally such payments cannot be charged against the lien fund. In James Falcone we also concluded "as a just and practical corollary" that any such advance payment nevertheless may be charged against the lien fund if work justifying the amount of the advance payment was actually performed before the filing of the stop notice. Id. at 292, 97 A.2d 720.