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FIRST MUT. CORP. v. SAMOJEDEN

214 N.J. Super. 122 (1986)

518 A.2d 525

FIRST MUTUAL CORPORATION, PLAINTIFF-RESPONDENT, v. THOMAS R. SAMOJEDEN AND MARY ANN R. SAMOJEDEN, HIS WIFE, AND AGWAY, INC., A DELAWARE CORPORATION, DEFENDANTS, AND TELMARK, INC., A NEW YORK CORPORATION, DEFENDANT-APPELLANT.

Superior Court of New Jersey, Appellate Division.

Decided December 3, 1986.

Attorney(s) appearing for the Case

Eisenstat, Gabage & Berman, attorneys for appellant (Charles W. Gabage, of counsel; Harry Furman, on the brief).

Gary W. Stuhltrager, attorney for respondent.

Before Judges PRESSLER, BAIME and ASHBEY.

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

This appeal raises a novel issue respecting notice requirements for an adjourned sheriff's sale conducted pursuant to R. 4:65. Although both R. 4:65-2 and R. 4:65-4 are silent on the question, we hold that as a matter of fundamental fairness these rules must be construed as entitling interested parties to actual knowledge of the adjourned date upon which the sale actually takes place...

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