Attorney:
Joseph Weintraub, Newark, argued the cause for appellant (Edward R. McGlynn and Burnett B. Zimmerman, Newark, attorneys; Brendan T. Byrne, Newark, on the brief). Richard J. Congleton, Newark, argued the cause for respondent (C. William Caruso, Newark, on the brief).
Judge Panel:
CASE and HEHER, JJ., concurring in result. For affirmance: Chief Justice VANDERBILT and Justices CASE, HEHER, OLIPHANT, WACHENFELD, BURLING and ACKERSON.