Sears Mortgage Corp. v. Rose

GARIBALDI, J.,

dissenting.

I would affirm, substantially for the reasons expressed in Judge Shebell’s opinion for the Appellate Division, reported at 257 N.J.Super. 33, 607 A.2d 1327 (1992).

For reversal and reinstatement — Chief Justice WILENTZ and Justices HANDLER, O’HERN, and STEIN — 4.

For affirmance — Justices CLIFFORD and GARIBALDI — 2.