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Last Entry: March 31, 2011 at 10:15:40

Free Wi-Fi At New Jersey State Bar Association Headquarters

Posted on June 09, 2008
Stark & Stark is proud to support The Law Center, home to both the New Jersey State Bar Association and the New Jersey State Bar Foundation, through a donation which will enable The Law Center to provide wireless internet access to all public areas of the building...

Board Withholding Budget

Posted on June 06, 2008
A. Christopher Florio, Shareholder and Co-Chair of Stark & Stark's Community Associations group, contributed to the Questions & Answers section of the May 2008 edition of the New Jersey Cooperator. Mr. Florio's Q&A can be found below: Q - I filed a civil action against my condo association’s board...

How To Start A Business

Posted on June 05, 2008
Cary S. Kvitka, member of Stark & Stark's Franchise and Business & Corporate groups, will present a seminar in association with SCORE of Princeton, Counselors to America's Small Business. SCORE offers free and confidential small business advice to help you build your business from idea to start-up to success...

Collecting Unpaid Fees and Assessments

Posted on June 04, 2008
David J. Byrne, Shareholder and Co-Chair of Stark & Stark's Community Associations group, presented a seminar at the Pennsylvania and Delaware Valley Chapter of the Community Associations Institute's Annual Conference and Expo on June 3, 2008 entitled Collecting Unpaid Fees and Assessments...

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Predatory Towing Act

Posted on June 02, 2008
When a parking war erupted last year between two adjacent restaurants in northern New Jersey, the battle resulted in a law which affects the rights of community associations to tow vehicles from their premises. In October 2007, Governor Corzine signed a new bill into law called the “Predatory Towing Prevention Act” (“Towing Act”) which primarily increases oversight of tow companies...

College Contribution & Gac v. Gac

Posted on May 30, 2008
In the State of New Jersey, a divorced parent’s obligation to provide toward the higher education of a child of the marriage is generally determined pursuant to the factors set forth in Newburgh v. Arrigo, 88 N.J. 529 (1983). However, in 2006 Gac v...

Chapter 91 Follow Up

Posted on May 28, 2008
On January 28, 2008, I wrote an article for the New Jersey Law Journal discussing the consequences of a property owner’s failure to respond to a Tax Assessor’s Chapter 91 request. The article discussed the conflicting case law in this area, including the obligation of the owner of non-incoming producing property to respond to a Chapter 91 request...

Bankruptcy in the Context of Divorce

Posted on May 27, 2008
Property Settlement Agreements (herein after “PSAs”) are generally the mechanism utilized to set forth the terms of parties’ agreements and regulate post-judgement (post-divorce) issues. However, PSAs are not entirely enforceable in the context of bankruptcy...

David Byrne to Present at PA CAI Expo & Conference

Posted on May 22, 2008
On June 3, 2008 David J. Byrne, Shareholder and Co-Chair of Stark & Stark's Community Associations group, will present a seminar discussing the collection of unpaid assessments and foreclosures at the Annual Pennsylvania and Delaware Valley Community Associations Institute Conference and Expo in Valley Forge, Pennsylvania...

New Federal Pool Safety Law Affects Community Associations

Posted on May 22, 2008
For those community associations with pools, it just got a little safer to go back in the water... On December 19, 2007, President George W. Bush signed into law the “Virginia Graeme Baker Pool and Spa Safety Act,” which requires that all existing public pools and spas to be retrofitted with certain approved types of safety drain covers and suction entrapment prevention devices...

Stark & Stark Shareholders to Present at New Jersey Redevelopment Authority

Posted on May 21, 2008
Gary S. Forshner and Vincent J. Mangini, Shareholders of Stark & Stark's Real Estate, Zoning & Land Use Group, will present a seminar tomorrow at the New Jersey Redevelopment Authority's Redevelopment Training Institute. The seminar will focus on redevelopment standing issues and a discussion on the relevant data needed in order to take a property for redevelopment...

President Signs Genetic Information Nondiscrimination Act into Law

Posted on May 21, 2008
Earlier today (May 21, 2008) President Bush signed into law a bill that prohibits employers from using genetic information about prospective employees to make decisions on hiring. The Bill had received almost unanimous support in both the House and Senate...

Successfully Transitioning A Community From Developer to Owner Control

Posted on May 19, 2008
David J. Byrne, Shareholder and Co-chair of Stark & Stark's Community Associations group presented a seminar at the 1st Annual Cooperator's Co-Op & Condo Expo which was held May 14, 2008 in Secaucus, New Jersey. Mr. Bynre presented the seminar Successfully Transitioning A Community From Developer to Owner Control in conjunction with Paul Santoriello of Taylor Management Company...

Case Questions Retroactivity of Change to Offer-of-Judgment Rule

Posted on May 16, 2008
Craig S. Hilliard, Shareholder and member of Stark & Stark's Litigation group was quoted in the article Case Questions Retroactivity of Change to Offer-of-Judgment Rule in the May 12, 2008 edition of the New Jersey Law Journal. Mr. Hilliard believes that courts typically resist the retroactive application of new legislation and applying new laws to past acts is disfavored, either on constitutional grounds -- such as due process or, in the criminal context, ex post facto constraints -- or under a "manifest injustice" test...

Protecting Spousal Rights in Real Estate

Posted on May 15, 2008
New Jersey has always protected to some extent the rights of a married person in and to New Jersey real estate owned by his/her spouse. Prior to May 28, 1980, protection was provided by means of an interest in the real estate called dower for the wife and curtesy (and not courtesy) for the husband...

Can Community Associations Restrict Sex Offenders?

Posted on May 13, 2008
Jonathan H. Katz and Elysa D. Bergenfeld, members of Stark & Stark's Community Associations group, authored the article Can Community Associations Restrict Sex Offenders? for the April 2008 issue of Community Trends. The article discusses the steps New Jersey municipalities have taken over the past several years in an attempt to increase the safety of their residents, specifically for the children's safety in these areas...

Ordinance Requiring Disclosure of Political Contributions Held Unconstitutional

Posted on May 12, 2008
Local ordinances requiring the disclosure of political contributions in connection with applications for land use approvals under the Municipal Land Use Law (“MLUL”) have popped up in one form or another in numerous New Jersey municipalities...

Historic Preservation Statues

Posted on May 09, 2008
Cotswold vs. Renaud, et al. On April 30, 2008, the Appellate Division in Cotswold v. Renaud, et al. evaluated whether an historic fountain, although not affixed to the real estate, was protected under a local preservation of historic landmarks ordinance...

Stark & Stark Shareholder Wins $699,000 Verdict in Breach of Contract and Copyright Infringement Case

Posted on May 08, 2008
Mon Cheri Bridals, Inc. v. Wen Wu et al, Civil Action No. 04-1739 (AET) Mon Cheri Bridals, a large wholesale manufacturer of wedding dresses and social occasion dresses, brought suit in U.S. District Court in Trenton, New Jersey against a competitor, Wen Wu and various companies he owned and controlled, alleging that Mr...

On Franchising

Posted on May 07, 2008
Adam J. Siegelheim, member of Stark & Stark's Franchise Group, was quoted in the article On Franchising in the May 6, 2008 edition of the Wall Street Journal. The article addresses some of the most common issues facing new franchisors and some new concerns franchisors need to be aware of before starting a franchise of their own...

Linens-N-Things Bankruptcy

Posted on May 05, 2008
Three Critical Issues for SuppliersOn May 2, 2008, Linens-N-Things and its affiliated entities filed for Chapter 11 bankruptcy protection in the District of Delaware. Linens-N-Things has a number of different suppliers that are effected by this bankruptcy filing...

Commercial Landlords: Four Important Questions to Ask When a Tenant Files for Bankruptcy

Posted on May 02, 2008
With the recent downturn in the market, a number of commercial tenants are experiencing financial difficulties. In turn, this can lead to problems for commercial landlords, most importantly, the tenant staying current with lease payments. This may then lead to the tenant filing for bankruptcy protection...

Debunking New Jersey Family Law Myths - Part 2

Posted on May 01, 2008
Myth 2: Divorced or unmarried parents do not have a financial obligation to provide post-secondary education support to their unemancipated children. As a family law practitioner, I often find that one of the “hot button” issues for my clients is the forced contribution to the post-secondary (college) costs of their children...

Avoiding Litigation In A Complex World

Posted on April 30, 2008
David J. Byrne, Shareholder and member of Stark & Stark's Community Associations group presented a seminar at the 21st Annual Cooperator's Co-Op & Condo Expo which was held April April 28 - 29, 2008 in New York. New York. The seminar focused on avoiding litigation and stopping lawsuits before they start...

Condominium Owner May Not Withhold Payment of Assessments Because of Claimed Water Infiltration and Mold

Posted on April 28, 2008
A unit owner in a top floor of a Union City condominium recently decided to pay his monthly assessments into an escrow account, alleging that the condominium association had failed to maintain the roof, proximately causing damage to the unit, and personal injury to the owners living inside...

Recent Revisions to the Trademark Trial and Appeal Board Rules

Posted on April 25, 2008
Martin P. Schrama and Melissa D. Doogan authored the article Recent Revisions to the Trademark Trial and Appeal Board Rules for the New Jersey Law Journal's April 14, 2008 Intellectual Property & Life Sciences Supplement. The article discusses the impacts the substantial rule changes set forth by the Trademark Trial and Appeal Board and the United States Patent and Trademark Office will have on trademark opposition and cancellation actions...

Short Sales When Loans Exceed the Value of a Home

Posted on April 24, 2008
What is a short sale? This a term which is being used with increasing frequency in today’s real estate market. A short sale is when the proceeds from the sale of a home are not sufficient to fully pay off all outstanding debts which are secured by the property (mortgages) after first deducting the homeowner’s costs of selling the property...

NJ Legislature to Consider Applying the Franchise Practices Act to "Mobile" Franchises

Posted on April 23, 2008
House Bill 2491 and Senate Bill 1539 of the New Jersey Legislature seek to expand the type of franchises, which are subject to the New Jersey Franchise Practices Act. In general, the New Jersey Franchise Practices Act currently applies to franchises where: 1) the franchisor has granted the franchisee a license, mark, trade name, etc...

David Byrne to Present at 2008 Cooperator Expo

Posted on April 22, 2008
David J. Byrne, Shareholder in Stark & Stark's Community Associations group will present at the 2009 Cooperator Co-Op & Condo in New York, New York. The expo will take place Tuesday April 29th from 9AM - 5PM. Mr. Byrne will present on avoiding litigation...

Toll Bros v. Board of Chosen Freeholders: Developer May Seek to Modify Developer's Agreement Upon Changed Circumstances

Posted on April 14, 2008
On March 31, 2008, the New Jersey Supreme Court decided Toll Bros. v. Board of Chosen Freeholders, which principally held that a developer may seek to modify or reform an off-tract improvements obligation in a developer’s agreement when the project to which such obligation relates has changed...

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