Blog
Another Sibling Squabble in Estate Litigation
Be careful who you allow control over your money. It can come back to haunt you. In a recent case, the New Jersey Appellate Court held that a sister could not establish unlawful conversion by her brother because she did not prove that she ever had ownership over the property in dispute. Conversion is the […]
Read More....Do You Know What Your NJ Insurance Policy Actually Provides Should Tragedy Strike?
The New Jersey Appellate Court recently upheld a limited coverage provision in an insurance contract, despite the fact that the declaration page (generally a one page summary of the policy limits) differed from the language in the policy itself. An apartment building caught fire, which tragically led to the death of several occupants. Nayyar Ahmed […]
Read More....Proving Undue Influence in New Jersey Estate Litigation
In a recent decision, the New Jersey Appellate Court made two separate findings regarding undue influence on an elderly mother (“decedent”), even though all of the alleged events happened within the same general time period. The decedent’s Last Will and Testament (“Will”) appointed her daughter, Cathy Timpone (“Timpone”) as executrix of the estate and split […]
Read More....Gross Negligence Standard and its Implications on Personal Injury Cases and HOAs in NJ
The New Jersey Appellate Court recently held that a condominium association was not grossly negligent in a slip and fall incident that occurred in one of its common areas. Diane Kechejian (“Kechejian”) slipped on ice around 8:45 a.m. on a Sunday morning while she was walking from the condominium association’s (“Association”) parking garage to […]
Read More....My Loved One Died Without a Will. What Now?
When a loved one dies, their Last Will and Testament (“Will”) governs the distribution of their estate. But what happens when a loved one dies without a validly executed Will? In New Jersey, a law was enacted specifically to address this situation. A person that dies without a Will is referred to as having died […]
Read More....Sorry, the Stomach Virus is Not a Disability Under NJ Discrimination Law
James Riconda worked for US Foods, Inc. as a warehouse selector for about two years before he was fired. A few days prior to his termination, Riconda became ill and exhibited symptoms of the stomach flu. Riconda informed his supervisor, who allowed him to take a break, but his symptoms continued to worsen. At the […]
Read More....Home Inspectors Subject to Liability Under NJ Consumer Fraud Act
In a recent decision, Shaw v. Shand, et al., the Appellate Court of New Jersey held that semi-professionals, such as home inspectors, can be held liable under the New Jersey Consumer Fraud Act (CFA). Shaw hired Shand, a licensed home inspector, to perform a property inspection prior to purchasing a home. Shand wrote a report […]
Read More....Basic Guide for the Guardian of a Loved One’s Estate
In order to become a guardian of the estate, you must file an application with the Superior Court of NJ. A judge will determine whether you qualify as a guardian. If you do qualify, the judge will issue a judgment to confirm guardianship. The judge may also require you to post a surety bond, which […]
Read More....NJ Minor’s Amputation Case Against Construction Site Survives Appeal
In Cortes v. Garrard Construction Group, Inc., et al., the New Jersey Appellate Court held that the property owner, tenant, general contractor, and workers on a construction site could potentially be liable for the injury of a minor that occurred onsite. Two sixteen-year-old boys were walking around a shopping center and saw lights on […]
Read More....Independent Contractor or Employee?
The New Jersey Appellate Division recently held that The Courier-Post was not vicariously liable for the actions of its independent contractor. The independent contractor was involved in a vehicle collision, and as a result, the other driver tried to argue that The Courier-Post was vicariously liable since the independent contractor was delivering papers for The […]
Read More....
