Argued May 23, 1978 — Decided August 2, 1978. Appeal from The Superior Court, Chancery Division. Before Judges LORA, SEIDMAN and MILMED. Mr. Robert Diamond argued the cause for appellant ( Messrs. Diamond, Grossman, Pitman Anzaldi, attorneys). Mr. Seymour Margulies argued the cause for respondent ( Messrs. Brigadier Margulies, attorneys; Mr. Jack Jay Wind on the brief). The opinion of the court was delivered by SEIDMAN, J.A.D. This appeal presents the question of whether, on the facts of this case