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KAPLAN v. SLEEP E HOLLOW MOTEL CO. ET ALS.,

112 N.J. Super. 296 (1970)

271 A.2d 12

SYDNEY KAPLAN AND HYMAN F. KAPLAN, PLAINTIFFS-RESPONDENTS, v. SLEEP E HOLLOW MOTEL CO., A LIMITED PARTNERSHIP, ET ALS., DEFENDANTS-APPELLANTS, AND SUPERIOR INVESTMENTS, INC., INTERVENOR-RESPONDENT.

Superior Court of New Jersey, Appellate Division.

Decided November 24, 1970.

Attorney(s) appearing for the Case

Mr. Sam Weiss argued the cause for appellants (Messrs. Strong, Strong, Gavarny & Longhi, attorneys).

Mr. G. Henry Weston argued the cause for respondents Kaplan (Messrs. Weston and Kravitz, attorneys).

Mr. Seymour I. Marcus argued the cause for intervenor-respondent (Messrs. Levy, Levy, Albert & Marcus, attorneys).

Before Judges GOLDMANN, LEONARD and MOUNTAIN.

The opinion of the court was delivered by GOLDMANN, P.J.A.D.

Defendant in foreclosure, Sleep E Hollow Motel Co. (Motel), applied to the Chancery Division for an order vacating the sheriff's sale and allowing it to redeem the property by payment of the mortgage, interest, fees and costs in full, on the grounds that "the sale was unconscionable and that the defendant was prevented from attending the said sale through misunderstanding and mistake and that the sale price...

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