03-05-09 Jagjit Kaur and Abhilasha Singh v. Assured Lending
Corp., Moin Ali, and Alex Senderov
A-6287-07T2/A-6288-07T2 (consolidated)
Settling parties who agree on a remedy of rescission and
leave to restore a settled matter to the trial list upon default
must include specific language preserving that remedy within the
terms of the settlement agreement. Ultimately, the
determination of whether the matter will be so restored rests
within the discretion of the motion judge, but the right to seek
leave for such relief should be explicitly preserved in the
agreement.
