12A:2-722 - Who can sue third parties for injury to goods - New Jersey Statutes

12A:2-722.  Who can sue third parties for injury to goods
    Where a third party so deals with goods which have been identified to a contract for sale as to cause actionable injury to a party to that contract

     (a) a right of action against the third party is in either party to the contract for sale who has title to or a security interest or a special property  or an insurable interest in the goods;  and if the goods have been destroyed or  converted a right of action is also in the party who either bore the risk of  loss under the contract for sale or has since the injury assumed that risk as  against the other;

     (b) if at the time of the injury the party plaintiff did not bear the risk  of loss as against the other party to the contract for sale and there is no  arrangement between them for disposition of the recovery, his suit or settlement is, subject to his own interest, as a fiduciary for the other party to the contract;

     (c) either party may with the consent of the other sue for the benefit of whom it may concern.

     L.1961, c.120,  s. 2-722.