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New Jersey Law Blog

New Jersey Court decisions, legal analysis and news.

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

Landlord's Beware: Options to Purchase Commercial Property Strictly Adhered

Posted on April 11, 2008
Recently, the Appellate Division of the State of New Jersey in Patel v. 323 Central Avenue Corp., et. al., declared that a tenant’s exercise of his option to purchase certain commercial property was barred. The court found that the contract was never signed, no enforceable oral agreement was ever intended, the tenant did not make a valid election to exercise his option under lease, and the tenant did not extend his option under the lease...

Municipality Not Estopped from requiring Property Owner to Correct Deviations from Approved Site Plan Existing at Time Certificate of Occupancy was Issued

Posted on April 09, 2008
On March 31, 2008, the New Jersey Superior Court, Appellate Division decided Viecelli et al. v. Planning Board of the Borough of Point Pleasant, et al., an unpublished decision. In this case, the plaintiffs constructed improvements on land for an ice cream shop after receiving site plan approvals from the planning board...

Landlord's Beware: Court Awarded Tenant Attorneys Fees and Double Security Deposit for Failure to Return to Tenant

Posted on April 08, 2008
Recently, in an unpublished decision, the Superior Court of New Jersey in James Gamble v. David Connolly and Connolly Properties, Inc., DC-6838-07 held that a landlord’s lease was an adhesion contract that did not create a year tenancy, but rather only a holdover tenancy...

Vermont Legislature Introduces Legislation That May Render Non-Compete Provisions in Franchise Agreements

Posted on April 07, 2008
The Vermont legislature introduced House Bill No. 790 on February 1, 2008. The Bill would render non-compete provisions of franchise agreements void unless the franchisor can prove to the Court’s satisfaction that the franchise agreement is: (1) consistent with public policy; (2) necessary to protect the franchisor; (3) not a contract of adhesion; and (4) reasonable considering the subject matter and conditions...

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Pre-Owned and Inherited Assets

Posted on April 04, 2008
The issue of pre-owned assets frequently arises in divorces involving persons who were married later in life or second marriages. If one or both of the parties have accumulated assets prior to their marriage, very difficult issues often arise as to how those assets should be treated in the event of a divorce...

The Imporatnce of Insurance Coverage in Mediating Complex Construction Claims

Posted on April 03, 2008
Thomas J. Pryor, Shareholder and Chair of Stark & Stark's Insurance Coverage & Liability Group, has authored the article, The Importance of Insurance Coverage in Mediating Complex Construction Claims for the March 31, 2008 issue of the New Jersey Law Journal...

The Importance of Insurance Coverage in Mediating Complex Construction Claims

Estate Tax Changes in the Economic Growth and Tax Relief Reconciliation Act of 2001

Posted on April 02, 2008
If Benjamin Franklin were still alive, his oft-quoted statement would likely have been: “In this world nothing is certain but death, taxes, and politics.” The estate tax changes in the Economic Growth and Tax Relief Reconciliation Act of 2001 stand as a testament to the absurd results made possible when politicians are permitted to write tax law...

Five Things You Should Know About Bankruptcy

Posted on April 01, 2008
Bankruptcy filings increased in February 2008 by 18% from January, and by 28% from a year earlier. In fact, February was the busiest month for filings since Congress overhauled bankruptcy law in October 2005 with the Bankruptcy Abuse Prevention and Consumer Protection Act ("BAPCPA")...

Can A Message Board Violate New Jersey's Consumer Fraud Act?

Posted on April 01, 2008
The March 24, 2008, edition of the New Jersey Lawyer reported that the New Jersey Attorney General is investigating whether or not it’s Division of Consumer Affairs should assert fraud or Consumer Fraud claims against JuicyCampus.com, a free website which allows individuals to post anonymous opinions to "often nonsensical and sometimes vicious discussions" about who’s the most overweight student on campus, or who on campus has the most morally casual attitude? This invites the following question: can the New Jersey Attorney General successfully assert claims against this website? Probably not...

Two Stark & Stark Attorneys Named Legal Eagles in Franchise

Posted on April 01, 2008
Rachel Lilienthal Stark, Shareholder in Stark & Stark's Franchise group, and Adam J. Siegelheim, member of Stark & Stark's Franchise group, have been named Legal Eagles in the franchise industry by Franchise Times Magazine. Legal Eagles are chosen annually from hundreds of nominations across the country...

Job References: Problems for Good References, Problems for Bad References

Posted on March 31, 2008
As the economy worsens, employers are facing an increasing number of lawsuits over employee references. Whether the employer gives a good reference or a bad reference, there is an increase in lawsuits being filed against the employer. In Georgia, a lawsuit is pending against a school district for giving a positive reference to a teacher who had been convicted of a sex crime and went on to teach in a district where he was later charged with raping a student...

DurstNotes on Divorce Law - # 9

Posted on March 28, 2008
DurstNotes on Divorce Law is a nine part podcast series, and is part of the Divorce Law Podcast with Robert J. Durst, Shareholder and Chair of Stark & Stark's Divorce Law Group. DurstNotes on Divorce Law podcast series is designed to give you a brief overview of the several most common areas of divorce law, enabling you to better understand your divorce and the law...

What You Type May Be Used Against You

Posted on March 27, 2008
Before sending any email, especially one associated with your role as a Board Member, answer this question: How would you feel if this email were projected onto a large screen in open court in the presence of a jury? I suspect if more people asked themselves this simple question, the number of emails sent per day would decrease dramatically...

Domestic Violence Victim - Change of Name

Posted on March 26, 2008
In The Application of EFG to Assume a New Name (decided by the New Jersey Appellate Division on March 17, 2008) the Appellate Court ruled that a victim of domestic violence who wished to change her name was not required to publish her new name and that the Court records of the name change could be sealed...

Minority Oppression in Relation to "Fair Value" of Stock

Posted on March 25, 2008
The Honorable Gerald C. Escala of the Superior Court of New Jersey, Chancery Division, Bergan County issued an interesting decision which provides additional guidance on the legal issue of minority oppression along with the calculation of “fair value” of the minority owners stock...

Stark & Stark Attorney Comments on Bear Stearns Collapse

Posted on March 25, 2008
Bill Singer, Shareholder and member of Stark & Stark's Securities group, was interviewed for the article Bear Stearns Collapse is Opportunity For One Caribbean Stock Exchange for Caribbean World News.com. The article discusses the March 16th collapse of Bear Stearns and the opportunities this could present to the One Caribbean Stock Exchange...

Eligibility for Property Tax Deductions

Posted on March 24, 2008
While property taxes always seem to be rising, there are some property owners who are entitled to reductions in their real property taxes due to deductions which are authorized by State law. Senior citizens who are residents of the State and are of the age of 65 or more years and meet certain income requirements are entitled to a deduction of $250...

DurstNotes on Divorce Law - # 8

Posted on March 21, 2008
DurstNotes on Divorce Law is a nine part podcast series, and is part of the Divorce Law Podcast with Robert J. Durst, Shareholder and Chair of Stark & Stark's Divorce Law Group. DurstNotes on Divorce Law podcast series is designed to give you a brief overview of the several most common areas of divorce law, enabling you to better understand your divorce and the law...

Court Limits Damages in Restrictive Covenant Cases

Posted on March 20, 2008
Thomas B. Lewis, Shareholder and Chair of Stark & Stark's Employment Litigation group, and Michael J. Brittan, member of Stark & Stark's Employment Litigation group, have authored the article, Court Limits Damages in Restrictive Covenant Cases, for the March 17, 2008 edition of the New Jersey Law Journal...

DurstNotes on Divorce Law - # 7

Posted on March 14, 2008
DurstNotes on Divorce Law is a nine part podcast series, and is part of the Divorce Law Podcast with Robert J. Durst, Shareholder and Chair of Stark & Stark's Divorce Law Group. DurstNotes on Divorce Law podcast series is designed to give you a brief overview of the several most common areas of divorce law, enabling you to better understand your divorce and the law...

New Jersey Legal Update - Podcast # 73

Posted on March 14, 2008
This week's Franchise Law podcast is an interview with the Vice President of Franchisee Development for Huntington Learning Center, Tom Spadea. The interview took place at February's 2008 International Franchise Association's Annual Convention in Orlando, Florida and discusses franchise development and recruitment strategies, the new Franchise Disclosure Document, and a discussion on how to train your employees on policy and procedure updates...

HUD Releases New Guidelines on "Reasonable Modifications" under the Fair Housing Act

Posted on March 13, 2008
On March 5, 2008, the Department of Housing and Urban Development (“HUD”), in conjunction with the Department of Justice, issued a Joint Statement, which reinforced the rights of persons with disabilities to make “reasonable modifications” to their dwellings or, in some cases, to common areas of a building or complex, so that they can fully enjoy the premises...

Arbitrator's Immunity From Civil Liability

Posted on March 12, 2008
Is an Arbitrator in a civil matter immune from a party's claim of negligence that occurs during the arbitration proceeding? This is the question that was recently asked in a case heard before the Appellate Division of the New Jersey Superior Court...

Arbitrator's Immunity From Civil Liability

Collecting Unpaid Common Charges in New York

Posted on March 11, 2008
Common charges are essential to the operation of a condominium association. Such charges pay for the care and maintenance of the buildings and grounds, on-site staff, upkeep of recreational facilities, etc. If owners falls behind in common charge payments, the building may face difficulties paying for operating expenses...

Repairs During Transition or Litigation

Posted on March 11, 2008
Organized and thorough records could encourage a contractor or developer to settle a dispute with an association short of trial or even prior to initiating litigation. It is imperative that a specific procedure be put into place and followed with respect to construction issues that arise at an association during transition or when an association is involved with or anticipates litigation with its developer and/or subcontractors...

The Right to Dry: Using Clotheslines in Community Associations

Posted on March 11, 2008
In recent months, articles in numerous publications – including Time, The Wall Street Journal and The New York Times – have examined a growing environmental movement that has been dubbed “The Right to Dry”, namely, the right to utilize clotheslines and air-drying in community associations...

Board Member Liability

Posted on March 11, 2008
In most New Jersey Community Associations it is difficult to find qualified and interested persons to serve on the Board of Trustees. Volunteer Board Members must put in long hours for no pay and sometimes little appreciation. Now, consider for a moment if members of Boards were exposed to personal judgments for their actions while serving as a member of a Board...

Stark & Stark Attorney Comments on Governor Spitzer Case

Posted on March 11, 2008
Bill Singer, Shareholder and member of Stark & Stark's Securities group, was interviewed for Bloomberg TV addressing the recent charges against New York Governor Eliot Spitzer. Mr. Singer comments on the allegations of Mr. Spitzer's involvement with Emperors Club prostitutes, and what these charges could mean for Wall Street, and the state of New York...

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