
    BERT TOTH, PLAINTIFF-APPELLANT, v. KAY & KAY REALTY CORP., ET AL., DEFENDANTS-RESPONDENTS.
    Argued October 11, 1972
    -Decided October 11, 1972.
    
      Mr. Ronald Spivack, argued the cause for plaintiff-appellant (Messrs. Spivack and Kogos, attorneys).
    
      Mr. Robert T. Quackenboss, argued the cause for defendants-respondents, City of Perth Amboy, et al. (Messrs. Burton & Quackenboss, attorneys; Mr. Frederick A. Simon, on the brief).
    
      Mr. Harold G. Smith, argued the cause for defendant-respondent, Kay & Kay Realty Corp. (Messrs. Wilentz, Goldman & Spitzer, attorneys; Mr. Harold G. Smith, on the brief.)
   Per Curiam.

A petition for certification having been submitted to this Court, and the Court having considered the same,

It is hereupon Ordered that the petition for certification is granted, (62 N. J. 86) the decision of the Appellate Division is reversed and the restoration of the case to the trial list by the trial judge is affirmed.

For reversal — Chief Justice Weintraub and Justices Jacobs, Hall and Mountain and Judges Sullivan and Lewis — 6.

Opposed — Hone.  