NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE DIVISION This opinion shall not "constitute precedent or be binding upon any court ." Although it is posted on the internet, this opinion is binding only on the parties in the case and its use in other cases is limited. R. 1:36-3. SUPERIOR COURT OF NEW JERSEY APPELLATE DIVISION DOCKET NO. A-4309-18T2 SAMSON ELECTRICAL SUPPLY CO., Plaintiff-Respondent, v. FAMULARO ELECTRIC, LLC; SHI-II HILLSBOROUGH, LLC; CONGRESS BUILDING CORP.; ARCH INSURANCE COMPANY; and COOPER ELECTRIC SUPPLY CO., Defendants, and CONGRESS BUILDING CORP., Third-Party Plaintiff/ Respondent. v. JAMES R. FAMULARO, Third-Party Defendant/ Appellant, and DAVID APRICENO, Third-Party Defendant. _____________________________ Argued March 4, 2020 – Decided September 15, 2020 Before Judges Suter and DeAlmeida. On appeal from the Superior Court of New Jersey, Law Division, Somerset County, Docket No. L-0347-18. Michael Confusione argued the cause for appellant (Hegge & Confusione, LLC, attorneys; Michael Confusione, of counsel and on the brief). Jonathan T. Guldin argued the cause for respondent Congress Building Corp. (Clark Guldin, Attorneys at Law, attorneys; Jonathan T. Guldin and Damien L. Bevelle, of counsel and on the brief). Respondent Samson Electrical Supply Co. has not filed a brief. PER CURIAM Third-party defendant James R. Famularo (Famularo) appeals the May 7, 2019 order that denied his motion to vacate a final judgment by default entered against him by third-party plaintiff Congress Building Corporation (Congress) for $294,666.64. We affirm. A-4309-18T2 2 I. Congress was the general contractor of an assisted living facility construction project in Hillsborough. It hired Famularo Electric, LLC (the LLC) as the electrical subcontractor on the project. Ibid. Famularo is the president and a managing member of the LLC. The LLC subcontracted with plaintiff Samson Electrical Supply Company (Samson) to supply materials for use in the project. Samson claimed it was not paid for materials it supplied for the project. It filed a construction lien claim against the construction project. In March 2018, it sued the LLC, Congress and other entities involved in the construction project in an action in the Law Division, seeking payment. On May 15, 2018, Congress and defendant Arch Insurance Company filed an answer, denying the claims, which also included a crossclaim by Congress against the LLC and a third-party complaint against Famularo and third-party defendant David Apriceno, Vice-President of the LLC, individually. The crossclaims alleged claims for breach of contract, promissory estoppel, unjust enrichment, contribution, indemnification and fraud against the LLC. Ibid. The fraud count also alleged that Famularo and Apriceno—in their individual capacities—made knowing misrepresentations to Congress that the LLC had A-4309-18T2 3 paid the material suppliers when they had not, that they intended Congress to rely on these representations and that Congress reasonably relied to its detriment and suffered damages. Famularo did not answer the third-party complaint by Congress.1 Congress requested entry of a default. The certification in support of the motion stated the pleading was served on Famularo on May 21, 2018, at Famularo's place of business and accepted by Apriceno as "custodian of ...

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