Summary
noting that the opposing party must be protected from the effect of surprise and prejudice
Summary of this case from McBride v. Fair-WilloughbyOpinion
Argued October 16, 1978 —
Decided October 31, 1978.
On appeal from the Superior Court, Appellate Division.
Mr. Robert P. McDonough argued the cause for appellants Scialabba and Friedman ( Messrs. McDonough, Murray and Korn, attorneys).
Mr. John Zen Jackson argued the cause for appellant Wagman ( Messrs. Shanley and Fisher, attorneys). Mr. Franklin M. Sachs argued the cause for respondents ( Messrs. Podvey and Sachs, attorneys).
The judgment is affirmed substantially for the reasons expressed in the opinion of the Appellate Division, 163 N.J. Super. 139.
For affirmance — Chief Justice HUGHES and Justices MOUNTAIN, SULLIVAN, PASHMAN, CLIFFORD, SCHREIBER and HANDLER — 7.
For reversal — None.