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DIXON VENTURE v. JOSEPH DIXON CRUCIBLE CO.

235 N.J. Super. 105 (1989)

561 A.2d 663

THE DIXON VENTURE, A NEW JERSEY PARTNERSHIP, PLAINTIFF-APPELLANT, v. THE JOSEPH DIXON CRUCIBLE COMPANY, A NEW JERSEY CORPORATION, DIXON TICONDEROGA COMPANY, A DELAWARE CORPORATION, AND THEIR SUCCESSORS AND ASSIGNS, DEFENDANTS-RESPONDENTS.

Superior Court of New Jersey, Appellate Division.

Decided July 21, 1989.

Attorney(s) appearing for the Case

David B. Rubin argued the cause for appellant (Rubin, Rubin & Malgran, attorneys; David B. Rubin, on the brief).

John K. Enright argued the cause for respondents (Kirsten, Simon, Friedman, Allen, Cherin & Linken, attorneys; John K. Enright and Harold Friedman, on the brief).

Before Judges KING, ASHBEY and SKILLMAN.

The opinion of the court was delivered by SKILLMAN, J.A.D.

The issue presented by this appeal is whether a transferee of property conveyed in violation of the Environmental Cleanup Responsibility Act (ECRA), N.J.S.A. 13:1K-6 to 13, may sue the transferor for damages without voiding the conveyance. The trial court held that the transferee's sole remedy under ECRA was to void the conveyance and recover incidental damages. We conclude that the trial court's interpretation...

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