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Barkley v. Foster Estates, Inc.

Supreme Court of New Jersey

Dec 4, 1972

297 A.2d 1 (N.J. 1972)

Summary

affirming the Appellate Division application of the non-liability rule by an equally divided vote

Summary of this case from Liptak v. Frank

Argued November 20, 1972 —

Decided December 4, 1972.

Appeal from Superior Court, Appellate Division.

Mr. Peter Shebell, Jr. argued the cause for appellant ( Mr. Thomas F. Shebell, attorney; Mr. Andrew P. Vecchione, on the brief).

Mr. Granville D. Magee argued the cause for respondent ( Messrs. Mirne, Nowels, Tumen, Magee Kirschner, attorneys).

PER CURIAM.

The Court being evenly divided the judgment of the Appellate Division is affirmed.

For affirmance — Chief Justice WEINTRAUB, Justice HALL, and Judge SULLIVAN — 3.

For reversal — Justices JACOBS and MOUNTAIN, and Judge LEWIS — 3.