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ALLOWAY v. GEN. MARINE INDUSTRIES

288 N.J. Super. 479 (1996)

672 A.2d 1177

SAMUEL P. ALLOWAY, III, AND NEW HAMPSHIRE INSURANCE CO., PLAINTIFFS-APPELLANTS, v. GENERAL MARINE INDUSTRIES, L.P., DEFENDANT-RESPONDENT, AND MULLICA RIVER BOAT BASIN, DEFENDANT.

Superior Court of New Jersey, Appellate Division.

Decided March 8, 1996.

Attorney(s) appearing for the Case

Brandt Haughey Penberthy Lewis & Hyland, attorneys for appellant Samuel P. Alloway, III; Law Offices of Sanford F. Schmidt, attorney for appellant New Hampshire Insurance Company; Suzanne E. Bragg, on the brief).

Mesirov Gelman Jaffe Cramer & Jamieson, attorneys for respondent General Marine Industries, L.P. (John C. Penberthy, III, on the brief).

Before Judges KING, KLEINER and HUMPHREYS.

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

Plaintiffs Samuel P. Alloway, III, and New Hampshire Insurance Co. appeal from an order dismissing their complaint filed against defendant General Marine Industries, L.P. The motion judge concluded that plaintiffs' products liability claim for economic loss was not cognizable under New Jersey law and that plaintiffs' claim was barred by 11 U.S.C.A. § 363 of the Bankruptcy Code.

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