Decided: January 23, 1961.
THE PORT OF NEW YORK AUTHORITY, PLAINTIFF-RESPONDENT,
OTTO K. BAUMANN, ET AL., DEFENDANTS, AND ELM LAND CO., INC., DEFENDANT-APPELLANT
For affirmance -- Chief Justice Weintraub, and Justices Jacobs, Francis and Hall. For reversal -- Justices Proctor and Schettino.
[34 NJ Page 171] 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.
[34 NJ Page 172]
The parties having agreed that the determination in that case would be controlling, and our opinion affirming the judgment therein having been filed, the judgment herein is accordingly affirmed.