Simonson v. Z Cranbury Associates

The opinion of the court was delivered by

PETRELLA, P.J.A.D.

Appellants Edward Simonson and Simonson Family Associates, L.P. (Simonson) appeal from a final judgment granted to respondent Z Cranbury Associates (Z Cranbury) following an admeasurement hearing that had been ordered upon the entry of a prior judgment of foreclosure. Simonson objects to the trial judge’s enforcement of a release provision inserted into a non-recourse, purchase money mortgage given by Z Cranbury to Simonson as partial payment for an approximately 249-acre tract.

Between 1982 and 1988, Z Cranbury paid Simonson a total…