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Do Not Build in Violation of Set Back Requirements BEFORE Receiving Approval
Sometimes, unlike the old adage, it is not better to ask for forgiveness rather than permission first. A New Jersey plaintiff who was denied a variance for his deck, which did not comply with local ordinances, failed to obtain approval from the Superior Court. In the case recently affirmed by the New Jersey Appellate Division, […]
Read More....No Recovery for Slip and Fall on Shampoo Due to Store’s Lack of Notice Defense
A Plaintiff who sues a store for injuries caused by a slip and fall on a spilled product must first show that the store knew of the spill or had a reasonable opportunity to discover and remedy the dangerous condition. In a case recently affirmed by the New Jersey Appellate Division, the court held that […]
Read More....Virtual Notarization Allows for Remote Will Signings in These Difficult Times
For New Jersey residents who have been unable to notarize important documents during the COVID-19 crisis, remote notarization is now permitted by law. The New Jersey Legislature enacted a law allowing remote notarial acts during the State of Emergency as declared by the Governor. In a similar move, the Commonwealth of Pennsylvania passed Act 15, […]
Read More....Landlords Beware: Double Damages Awarded to Tenant for Wrongful Withholding of a Security Deposit
The plaintiff moved into a newly constructed apartment complex and paid a $2,565 security deposit. Some three years later, when he notified his landlord that he intended to vacate the premise effective June 30, 2018, the landlord arranged for a walk-through to examine the apartment. The walk-through resulted in a list of damages, including burn […]
Read More....Purchasers of New Jersey Real Estate Fall Victim to Statute of Limitations Despite Tolling Agreement
After arranging the sale of a vacant lot and falsely telling the buyers that they had permission from the state to build on it, a group of realtors was spared liability because the plaintiffs waited too long to reinstate their claims. In a recent decision by the New Jersey Appellate Division, the plaintiffs were barred […]
Read More....New Jersey Supreme Court Holds that Landlord Did Not Have Duty to Remove Snow and Ice From Rental Property
Owners of rental properties do not owe a general duty to remove snow and ice from the property and thus may not be liable for injuries sustained by plaintiffs who slip and fall as a result. Rather, according to a recent case by the New Jersey Supreme Court, the landlord-tenant contract must be examined to […]
Read More....Tiger King Highlights Intriguing Estate Planning Issues
From a legal perspective, the hit documentary ‘Tiger King’ is intriguing due to the twisted legal, criminal and ethical issues raised throughout the show, among other things, of course. One of the more interesting legal issues is the claim that a husband’s estate planning documents, including a will and power of attorney, disappeared at the […]
Read More....Recent Case Underscores Reluctance of New Jersey Courts to Award Attorney’s Fees
New Jersey follows the American Rule, which is that each party pays their own attorney’s fees no matter who wins. A recent Appellate case looked at a scenario where one party may receive fees from the other. In that case, the court affirmed the trial court’s denial of attorney’s fees […]
Read More....Plaintiffs Must Follow Strict Time Requirements When Filing Tort Claims Against Public Entities
Plaintiffs must file a tort claims notice against public entities in New Jersey no later than 90 days after the accrual of a cause of action, unless “extraordinary circumstances” exist to justify filing a complaint out of time. In a recent case out of the New Jersey Appellate Court, the estate of a prisoner who […]
Read More....New Jersey Court Says Residential Homeowners Are Not Liable for Sidewalk Injuries
Residential homeowners are not liable for injuries caused by the conditions of sidewalks abutting their properties, according to the New Jersey Appellate Court, even if that property could be used to generate multifamily rental income. Rather, liability turns on whether the property was actually being used for commercial purposes at the time of the accident. […]
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