AYSSEH v. LAWN


186 N.J. Super. 218 (1982)

452 A.2d 213

EMIL F. AYSSEH, TRUSTEE, PLAINTIFF, v. HOWARD M. LAWN, PEARL B. LAWN, PM PARKING FIRST, INC. AND STEVEN J. WINICK, DEFENDANTS, v. EMIL F. AYSSEH, INDIVIDUALLY, CHARLES E. AYSSEH AND ALFRED AYSSEH, THIRD-PARTY DEFENDANTS.

Superior Court of New Jersey, Chancery Division Burlington County.

Decided July 5, 1982.


Attorney(s) appearing for the Case

Julius B. Poppinga for plaintiff and third-party defendants (McCarter and English, attorneys).

Adrian M. Foley, Jr., Edward B. Deutsch and Thomas S. Cosma, attorneys for defendants (Connell, Foley and Geiser, attorneys).


HAINES, A.J.S.C.

This was a contested mortgage foreclosure action. Defendants Lawn, among numerous contentions, argued that the terms of plaintiff's note and mortgage were modified by a separate written agreement. They offered parol evidence to explain its terms. Plaintiff denied any modification and, in any event, argued that testimony concerning the separate agreement was barred by the parol evidence rule. The court disagreed, holding that the various documents...

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