Opinion
Argued October 21, 1985 —
Decided November 14, 1985.
Appeal from the Superior Court, Appellate Division.
James T. O'Halloran argued the cause for appellant ( Tompkins, McGuire Wachenfeld, attorneys; William L'E. Wertheimer, of counsel).
Lawrence D. Smith argued the cause for respondent ( Hein, Smith Berezin, attorneys).
The judgment of the Appellate Division, 194 N.J. Super. 69, is reversed and the judgment of the trial court reinstated substantially for the reasons expressed in the dissenting opinion of Judge Brody, reported at 194 N.J. Super. 80.
For reversal — Chief Justice WILENTZ and Justices CLIFFORD, HANDLER, POLLOCK, O'HERN, GARIBALDI and STEIN — 7.
For affirmance — None.