Supreme Court of New Jersey

Theodore Rudbart, Natalie Rudbart, Beverly Litoff and Benjamin Weltman, Plaintiffs-Respondents v. North Jersey…

April 27, 1992127 N.J. 344

Summary

The Supreme Court of New Jersey reversed the Appellate Division's decision that the early‑redemption notice‑by‑publication provision in municipal project notes was unfair and unenforceable, holding that the provision is enforceable despite the notes being contracts of adhesion. The Court also held that plaintiffs are entitled to an equitable share of any interest earned on unredeemed funds, remanding for determination of damages. Separate opinions by Judges Petrella and Gaulkin dissent from parts of the majority opinion.