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WILLING. MALL, LTD. v. 240/242 FRANKLIN AVENUE, L.L.C.

No. A-4598-09T2.

24 A.3d 802 (2011)

421 N.J. Super. 445

WILLINGBORO MALL, LTD., a New Jersey Limited Partnership, Plaintiff-Appellant/Cross-Respondent, v. 240/242 FRANKLIN AVENUE, L.L.C., a New York limited liability company; Colonial Court Apartments, L.L.C., a Delaware limited liability company; Festival Market at Willingboro, L.L.C., a New Jersey limited liability company; Roy Ludwick; and Namik Marke, Defendants-Respondents/Cross-Appellants.

Superior Court of New Jersey, Appellate Division.

Decided August 9, 2011.

Attorney(s) appearing for the Case

Glenn A. Weiner , argued the cause for appellant/cross-respondent (Klehr Harrison Harvey Branzburg, LLP, Cherry Hill, attorneys; Mr. Weiner and Michael A. Iaconelli , on the brief).

Joseph P. Grimes , Cherry Hill, argued the cause for respondents/cross-appellants (Grimes & Grimes, L.L.C., attorneys; Mr. Grimes, on the brief).

Before Judges CUFF, SIMONELLI and FASCIALE.

The opinion of the court was delivered by

CUFF, P.J.A.D.

Plaintiff, Willingboro Mall, Ltd., appeals from an order enforcing a settlement reached during a mediation session conducted pursuant to Rule 1:40-4. It argues that the rule precludes enforcement of an oral settlement reached at a non-binding mediation session. It also contends the alleged settlement was the product of coercion by the mediator. We hold that a settlement reached during a Rule...

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