
    THE PORT OF NEW YORK AUTHORITY, PLAINTIFFRESPONDENT, v. OTTO K. BAUMANN, ET AL., DEFENDANTS, AND ELM LAND CO., INC., DEFENDANT-APPELLANT.
    Submitted December 21, 1960
    Decided January 23, 1961.
    
      Mr. Russell E. Watson for plaintiff-respondent, The Port of New York Authority (Mr. Robert 8. Tobin, of counsel).
    
      Mr. Nelson G. Gross for defendant-appellant, Elm Land Co., Inc. (Messrs. Gross and Gross, attorneys).
   Per Curiam.

The issues in this appeal, which was certified on our own motion prior to argument in the Appellate Division, are the same as those presented in Port of New York Authority v. Heming and Cervieri, 33 N. J. 144. The parties having agreed that the determination in that ease would be controlling, and our opinion affirming the judgment therein having been filed, the judgment herein is accordingly affirmed.

For affirmance—Chief Justice Weintbaub, and Justices Jacobs, Ebancis and Hall—4.

For reversal—Justices Pboctoe and Sohettino—2.  