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DELGOZZO v. KENNY

266 N.J. Super. 169 (1993)

628 A.2d 1080

TITO DELGOZZO, CLAUDIA CAPRITTI, ROBERT SLIMM, CHARLES HECK AND WENDY HECK, PLAINTIFFS-APPELLANTS, v. WILLIAM KENNY, JR., STANLEY R. ORCZYK, PAUL A. VERMYLEN, JR., MEENAN OIL CO., INC., BLUERAY SYSTEMS, INC., AND KOV CORP., DEFENDANTS-RESPONDENTS.

Superior Court of New Jersey, Appellate Division.

Supplemental Briefs filed June 9, 1993.

Decided July 20, 1993.

Attorney(s) appearing for the Case

Sherrie R. Savett, admitted pro hac vice, argued the cause for appellants (Peter L. Masnik, attorney; Ms. Savett, Paul R. Rosen, Karen S. Orman and Robert L. Grundlock, Jr., on the brief).

Bruce W. Ficken, admitted pro hac vice, argued the cause for respondents (Green, Lundgren & Ryan, attorneys; Peter P. Green, on the brief).

Before Judges ANTELL, DREIER and SKILLMAN.

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

Plaintiffs appeal by leave granted from an order denying class certification. Following the disposition of a parallel federal action on jurisdictional grounds,2 plaintiffs reactivated the present action, filed in 1988, seeking "a substantive determination of their remaining strict liability, negligence, breach of warranty, intentional...

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