The judgment of the Appellate Division is reversed, substantially for the reasons expressed in the dissenting opinion of Judge Rodriguez, reported at 311 N.J.Super. 183, 193, 709 A.2d 799 (1998).

Justice POLLOCK has filed a separate dissenting opinion.

dissenting.

I would affirm the judgment of the Appellate Division, substantially for the reasons expressed in Judge Shebell’s majority opinion, reported at 311 N.J.Super. 183, 709 A.2d 799 (1998).

For reversal — Chief Justice PORITZ and Justices HANDLER, O’HERN, GARIBALDI, STEIN, and COLEMAN — 6.

For affirmance — Justice POLLOCK — 1.