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HARDYSTON NAT. BANK v. TARTAMELLA

56 N.J. 508 (1970)

267 A.2d 495

THE HARDYSTON NATIONAL BANK OF HAMBURG, NEW JERSEY, BANKING CORPORATION OF THE UNITED STATES OF AMERICA, PLAINTIFF, v. JOSEPH TARTAMELLA, DEFENDANT-RESPONDENT, CROSS-APPELLANT, AND ANN TARTAMELLA AND BELLOWS & MAY, INC., A CORPORATION OF NEW YORK, DEFENDANTS, v. DONALD T. KIKKERT, THIRD-PARTY DEFENDANT, APPELLANT, CROSS-RESPONDENT.

The Supreme Court of New Jersey.

Decided July 14, 1970.

Attorney(s) appearing for the Case

Mr. Emanuel A. Honig argued the cause for Third-Party Defendant-Appellant (Messrs. Honig and Kovach, attorneys).

Mr. John R. Knox argued the cause for Defendant-Respondent, Cross-Appellant (Messrs. Morris, Downing & Sherred, attorneys).

The opinion of the court was delivered by WEINTRAUB, C.J.

The trial court held a mortgagor had an unqualified right to redeem the property within the ten-day period provided by R. 4:65-5 for objections to the sheriff's sale. We certified the appeal of the successful bidder before argument in the Appellate Division.

There appear to be but four reported decisions in which the question whether a mortgagor has an absolute right to redeem before confirmation...

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