Opinion
Argued March 13, 1989 —
Decided May 11, 1989.
On appeal from the Superior Court, Appellate Division.
Manfred F. Salomon argued the cause for appellants ( Salomon and Blackman, attorneys).
Peter A. Piro argued the cause for respondent ( Haskins, Hack, Piro, O'Day, Merklinger Wallace, attorneys.
The judgment is affirmed substantially for the reasons expressed in the majority opinion of the Appellate Division reported at 232 N.J. Super. 519 (1988).
I would reverse on the basis of that portion of the Appellate Division dissent that would hold the exclusive remedy defense to have been waived in the circumstances of this case.
For affirmance — Chief Justice WILENTZ, and Justices CLIFFORD, HANDLER, POLLOCK, GARIBALDI and STEIN — 6.
For reversal — One.