CONTRACTS
11-2-0843 U.S. Bank v. Almonesson Associates, LP, App. Div. (per curiam) (11 pp.) Defendants Almonesson Associates, LP and Kenneth Goldenberg, appeal from a Chancery Division order denying their request to vacate a consent judgment. Almonesson was the owner of a shopping center. Plaintiff U.S. Bank filed a verified complaint for foreclosure, possession, entitlement to rents, appointment of a rent receiver, and foreclosure of security interest against defendants. Defendants did not file an answer, but entered into negotiations with the lender. As a result, a forbearance agreement was entered into among the parties. Defendants, by urging a finding that plaintiff had a good faith duty to affirmatively cooperate with its efforts to restructure the loan at less than par, are in effect asking the court to expand the existing duty of good faith to create additional obligations on the parties that counteract unambiguous express terms in the contract. The appellate panel declines to do so and affirms, concluding the motion judge's findings were fully supported by the record, and no evidence sustains defendants' bald assertions of breach of the forbearance agreement by plaintiff.
