SCHERER, J.S.C.
This case comes before the court on the plaintiff's motion for summary judgment and the defendant's cross-motion for a judgment on the pleadings. R.R. 4:58-3; R.R. 4:12-3. Both sides agree that there is no dispute as to any material fact and that the problem is one of law only. Judson v. Peoples Bank & Trust Co. of Westfield,
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