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Where a course of performance is inconsistent with the language of an agreement, which one party claims to be erroneous, a court may look to the course of performance to determine the parties’ intent and understanding and construe and reform the
28 Oct 2009, 10:21 am
ROD V. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
Numerous parenting times with a child do not constitute joint physical custody; to constitute joint custody, each parent must exert joint legal and physical custody over the child
18 May 2010, 9:10 am by PaulKostro
[Pascale v. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
Who can demand the return of a gift that was the product of undue influence?
27 Aug 2009, 4:57 pm
Law Lessons from Cohen v. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
The polestar of contract construction is to discover the intention of the parties as revealed by the language used by them
21 Jun 2010, 10:29 am by PaulKostro
Georges] Avenue (Route 27), Linden, Union County, NJ. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
The doctrine of invited error operates to bar a disappointed litigant from arguing on appeal that an adverse decision below was the product of error, when that party urged the lower court to adopt the proposition now alleged to be error
31 Mar 2010, 3:05 pm by PaulKostro
George Settle Fischer Baking Co., 6 N.J. 262 (1951)). [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
Family part judges have broad discretion to appoint economic, medical, psychological and other mental health experts to aid the court and to order the payment of their fees by one or both of the parties
29 Jun 2010, 8:37 am by PaulKostro
” Gyimoty v. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
A relevant factor to be considered by the motion judge on an application for counsel fees is whether a litigant has acted in bad faith
21 Oct 2009, 1:52 pm
Georges] Avenue (Route 27), Linden, Union County, NJ. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
Although the Affidavit of Merit should be filed within sixty days of the filing of the answer, if the affidavit is provided within sixty-one to 120 days after the answer is filed, it will be deemed timely so long as leave to file is sought and good cause
29 Jun 2010, 8:05 am by PaulKostro
Paragon Contractors, Inc. v. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
In evaluating whether the cleric-penitent privilege applies, the proper test is: Would an objectively reasonable penitent, under the totality of the circumstances, believe that a communication was secret, that is, made in confidence to a cleric in that cl
7 Apr 2010, 8:57 am by PaulKostro
State of New Jersey v. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
A current spouse's income may have relevance to child support, to the extent that its availability impacts the financial resources of the parent of primary residence
17 Nov 2009, 10:49 am
See Hudson v. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
Under principles of issue preclusion, a plaintiff’s allegations of domestic violence rejected by a prior trial judge should not be admitted into evidence in the hearing on a subsequent domestic violence complaint
19 Jul 2010, 2:53 pm by PaulKostro
V. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
Interference with custody and parenting time may immediately and irreparably impact the best interests of a child and often represent classic cases necessitating court review
3 Feb 2010, 1:02 pm by PaulKostro
V. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
Post-judgment newly discovered evidence
29 Jun 2010, 8:31 am by PaulKostro
Georges] Avenue (Route 27), Linden, Union County, NJ. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
In a civil proceeding, a statement made by a person unavailable as a witness because of death is not excluded by the hearsay rule if the statement was made in good faith upon declarant’s personal knowledge in circumstances indicating that it is trustworth
23 Jun 2010, 3:18 pm by PaulKostro
Georges] Avenue (Route 27), Linden, Union County, NJ. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
Completion of undergraduate education is not the determinative factor for either declaring emancipation or terminating child support
10 Dec 2009, 9:59 am
Georges] Avenue (Route 27), Linden, Union County, NJ. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
“D.I.V.O.R.C.E” performed by Tammy Wynette
16 Jun 2009, 1:05 pm
Georges] Avenue (Route 27), Linden, NJ. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
Unless an attorney is specifically authorized by the client to settle a case, the consent of the client is necessary
13 Apr 2010, 8:53 am by PaulKostro
Law Lessons from JAMES BRIAN SWEENEY V. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
Provisions of a pendente lite order do not survive the entry of a judgment of divorce unless expressly preserved in it or reduced to judgment prior to entry of final judgment
25 Feb 2010, 9:00 am by PaulKostro
” Mallamo v. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
Principles of comity and the full faith and credit doctrine
15 Jul 2010, 9:54 am by PaulKostro
V. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
In deciding how the marital estate should be equitably distributed, both the liabilities and assets must be taken into account
9 Dec 2009, 8:43 am
JACKSON V. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues