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CERCIELLO v. MacCONCHIE

282 N.J. Super. 436 (1995)

660 A.2d 552

JOSEPH CERCIELLO, JR., PLAINTIFF-APPELLANT, v. THOMAS MacCONCHIE AND GALE MACCONCHIE, HUSBAND AND WIFE; DEFENDANTS-RESPONDENTS, AND JOHN ALMAND, MANUFACTURER; AND ANGLER MANUFACTURING, MANUFACTURER; FRANK'S BOATS; WALTER ROGERS; JOHN DOE A-Z, BEING A FICTITIOUS NAME FOR A SUPPLIER OR DISTRIBUTOR OF PLEASURE BOATS AND/OR BOAT SEATS; POMTANETTE, INC.; GARELICK MANUFACTURING CO., MANUFACTURER OF THE SEAT ON WHICH PLAINTIFF WAS INJURED; AND JOHN MOE A-Z, BEING FICTITIOUS NAME FOR A MANUFACTURER OF THE BOAT, DEFENDANTS.

Superior Court of New Jersey, Appellate Division.

Decided July 5, 1995.

Attorney(s) appearing for the Case

Drazin & Warshaw, attorneys for appellant (John R. Connelly, Jr., of counsel and on the brief).

Dowd & Reilly, attorneys for respondents Thomas and Gale MacConchie (Bernard M. Reilly, on the brief).

Before Judges PRESSLER and PETRELLA.

PER CURIAM.

This personal injury action arises out of a pleasure-boating accident that occurred on the afternoon of August 13, 1988. Plaintiff Joseph Cerciello, Jr. appeals from an order granting summary judgment dismissing his complaint. Because the trial court relied upon principles of liability not here applicable, we reverse the court's order dismissing plaintiff's cause of action against defendant Thomas MacConchie...

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