Opinion
Argued October 11, 1972 —
Decided October 11, 1972.
Appeal from the Superior Court, Appellate Division.
Mr. Ronald Spivack, argued the cause for plaintiff-appellant ( Messrs. Spivack and Kogos, attorneys).
Mr. Robert T. Quackenboss, argued the cause for defendants-respondents, City of Perth Amboy, et al. ( Messrs. Burton Quackenboss, attorneys; Mr. Frederick A. Simon, on the brief).
Mr. Harold G. Smith, argued the cause for defendant-respondent, Kay Kay Realty Corp. ( Messrs. Wilentz, Goldman Spitzer, attorneys; Mr. Harold G. Smith, on the brief.)
A petition for certification having been submitted to this Court, and the Court having considered the same,
It is hereupon Ordered that the petition for certification is granted, ( 62 N.J. 86) the decision of the Appellate Division is reversed and the restoration of the case to the trial list by the trial judge is affirmed.
For reversal — Chief Justice WEINTRAUB and Justices JACOBS, HALL and MOUNTAIN and Judges SULLIVAN and LEWIS — 6.
Opposed — None.