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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, allowing for tamper-evident technologies to perform notarial acts for electronic records. These provisions should remain in place as long as the COVID-19 crisis is ongoing.
The “witnessing”...
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 marks, excessive holes, damage to the walls, excessive stains on the carpet, excessive burns penetrating the seal on the balcony’s rubber decking, a dent in the stove and a dent in the door. ...
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 by a six-year statute of limitations on contract claims and could not reinstate their claim eight years after the matter was originally sent to mediation––even though the mediation consent order agreed to waive all statute...
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 see if that duty was delegated to the tenant.
In that case, the defendant (landlord) owned a property which it leased to Ramslee Motors (Ramslee), a used car dealership. The contract between the two stated that the tenant “shall maintain ...
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 same time he did. His disappearance was then followed quickly by his wife discovering a new Durable Family Power of Attorney which stated it “shall not be affected by any disability or disappearance.” ...
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 for defendants who previously succeeded in dismissing a very closely related case.
In the most recent case, the defendants, Joseph Wolfson, Betty Simon, and Betty Simon Trustee, LLC, were sued by two of Simon’s grandchildren, Heather and Lucas Alper, in January...
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 committed suicide while in prison was barred from filing a tort claim against the prison because the estate waited too long after receiving the autopsy report.
In this case, the decedent was serving a six-month sentence at Hudson ...
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.
In a case recently decided by the New Jersey Appellate Court, the plaintiff, Nivia, fell on an uneven sidewalk in front of a property owned by the defendants, Mark and Anthony....
Read More....Force Majeure Contract Clauses Come Into Focus as the Coronavirus Causes Widespread Disruption in Daily Life
As the public health emergency stemming from the spread of COVID-19, commonly referred to as the Coronavirus, continues to worsen, its far-reaching effects are being felt outside of the public health arena. As the disruptions in everyday life become more pervasive, individuals and businesses should also be aware of the legal ramifications of what has now been formally declared a pandemic by the World Health Organization (WHO) and the U.S. Department of Health and Human Services. In particular, individuals and businesses should...
Read More....New Jersey Woman’s Claim for Workers’ Compensation Total Disability Benefits Under Odd Lot Doctrine Denied
A petitioner in a workers’ compensation case who argued for total disability under New Jersey’s odd-lot doctrine, lost when the judge found that both her and her expert witness to not be credible. On appeal, the Appellate Division affirmed the decision out of deference to the workers’ compensation judge.
In this case, the petitioner, Floralba Avendano (Floralba), injured her back while unloading merchandise for her employer, Target. Floralba was fifty years old at the time, and was originally from Colombia. She initially settled...
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