Opinion
Argued September 14, 1992 —
Decided October 20, 1992.
Appeal from the Superior Court, Appellate Division.
Arthur Stein argued the cause for appellant ( Arthur Stein Associates, attorneys; Maria Ann Stork and David A. Semanchik, on the brief).
Joel D. Rosen argued the cause for respondent ( Wills, O'Neill Mellk, attorneys; Arnold M. Mellk, of counsel). Michael F. Kaelber, Associate Counsel, submitted a brief on behalf of amicus curiae New Jersey School Boards Association ( Sheila Dow Ford, Director, Legal Department, attorney).
The judgment is affirmed, substantially for the reasons expressed in Judge D'Annunzio's majority opinion for the Appellate Division, reported at 259 N.J. Super. 397, 613 A.2d 1167 (1991).
We would reverse, substantially for the reasons expressed in Judge Gruccio's dissenting opinion, reported at 259 N.J. Super. 397, 400, 613 A.2d 1167, 1169 (1991).
For affirmance — Chief Justice WILENTZ and Justices CLIFFORD, HANDLER, O'HERN and STEIN — 5.
For reversal — Justices POLLOCK and GARIBALDI — 2.