concurring.

I join in the judgment of the Court for the reasons set forth in my concurring opinion in Snyder v. Mekhjian, 125 N.J. 328, 341, 593 A.2d 318 (1991), also decided today.

The order of the trial court is reversed, and the matter is remanded to the Superior Court, Law Division, for reconsideration in the light of Snyder v. Mekhjian, 125 N.J. 328, 593 A.2d 318 (1991).

dissenting.

I would affirm the trial court’s order denying discovery for the reasons expressed in my opinion in Snyder v. Mekhjian, 125 N.J. 328, 593 A.2d 318 (1991), also decided today.

*361For reversal — Chief Justice WILENTZ, and Justices. CLIFFORD, HANDLE, POLLOCK, O’HERN and STEN — 6.

For affirmance — Justice GARIBALDI — 1.