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Sunday, July 22, 2018

Lucia Serico v. Robert M. Rothberg, M.D. (079041) (Essex County and Statewide)(A-69-16

The high-low agreement is a settlement subject to the rules of contract interpretation. Based on the expressed intent of the parties and the context of the agreement, the agreement set $1,000,000 as the maximum recovery. Therefore, Serico may not seek additional litigation expenses allowed by Rule 4:58. The judgment of the Appellate Division is accordingly affirmed.