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BURBACH v. SUSSEX CTY. MUN. UTIL. AUTH.

723 A.2d 137 (1999)

318 N.J. Super. 228

Bridgett Podeszwa BURBACH, and Theodore F. Beck, Plaintiffs-Appellants, v. SUSSEX COUNTY MUNICIPAL UTILITIES AUTHORITY, Public Body Corporate of the State of New Jersey, Defendant-Respondent.

Superior Court of New Jersey, Appellate Division.

Decided February 17, 1999

Attorney(s) appearing for the Case

Kron & Correale, Succasunna, for plaintiffs-appellants (Larry I. Kron, on the brief).

Fitzgibbons & Goovaerts, Franklin, for defendant-respondent (William F. Fitzgibbons, of counsel and on the brief).

Before Judges PRESSLER, KLEINER and STEINBERG.

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

The single and narrow question raised by this appeal is whether a non-debtor tenant in common is entitled to notice, pursuant to R. 4:65-2, of an execution sale to enforce a judgment against a debtor co-tenant. We answer this question in the affirmative and accordingly reverse the judgment below denying relief to the unnoticed, non-debtor tenant in common.

The facts are not in substantial...

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