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When parties to a contract have not agreed in respect of a term that is essential to a determination of their rights and duties, a term that is reasonable in the circumstances is supplied by the court
22 Oct 2010, 9:24 am by PaulKostro
See Capanear v. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
The Attorney’s Lien Act provides that an attorney asserting a claim in a suit has a lien upon his client’s claim which attaches to a verdict, report, decision, award, judgment or final order in his client’s favor
8 Feb 2010, 10:21 am by PaulKostro
COLE V. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
Where the appellate court is unable to detect an express rationale for an attorneys’ fees award, the appellate court must remand for a proper explanation of reasons
11 Dec 2011, 6:20 pm by PaulKostro
My legal and mediation services are offered to clients in Union, Middlesex, Somerset, Essex, Hudson, Bergen, and Morris counties in NJ. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
Settlement agreements are contracts, and are governed by contract principles
5 May 2010, 8:41 am by PaulKostro
V. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
Where the parties have agreed to provide for a child beyond what is legally required, courts must give due weight to the strong public policy favoring stability of consensual arrangements before freeing a parent from his or her contractual obligations
5 Mar 2010, 11:54 am by PaulKostro
Georges] Avenue (Route 27), Linden, Union County, NJ. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
The entire controversy doctrine does not apply to bar component claims that are unknown, unarisen, or unaccrued at the time of the original action
21 Apr 2010, 9:35 am by PaulKostro
V. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
It is a fundamental violation of due process to convert a hearing on a complaint alleging one act of domestic violence into a hearing on other acts of domestic violence which are not even alleged in the complaint
16 Apr 2010, 9:18 am by PaulKostro
V. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
Factors to be evaluated when considering counsel fees in a family action
18 Dec 2009, 9:27 am by PaulKostro
Williams v. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
A judge may appropriately impute income to an obligor spouse based upon his or her investments in income-producing equities
14 Aug 2009, 4:55 am
Miller v. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
Attorney fee awards are based in part on the hourly rate of the attorney, compated to the rates charged for similar services of attorneys in the community with comparable skill, experience, and reputation
1 Sep 2010, 8:58 am by PaulKostro
WALKER V. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
Marital agreements are essentially consensual and voluntary and as a result, they are approached with a predisposition in favor of their validity and enforceability
14 May 2010, 10:04 am by PaulKostro
Marital agreements, however, are enforceable only if they are fair and equitable. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
If the parties have stipulated by agreement that the husband will pay counsel fees to the wife in an amount to be fixed by the court, the court cannot refuse to allow any counsel fees
30 Jul 2009, 5:13 am
” County of Morris v. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
The term Book Value has no one fixed meaning; rather, the meaning of the phrase Book Value depends upon the construction of the specific language used in the particular instrument wherein that term is stated
10 Aug 2009, 9:46 am
Cohen v. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
Breach of Contract
14 Mar 2010, 6:00 am by PaulKostro
Georges] Avenue (Route 27), Linden, Union County, NJ. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
Criteria for evaluating a claim of changed circumstances justifying relief from an order for child support and alimony
15 Nov 2010, 1:14 pm by PaulKostro
Law Lessons from TRACY LUCANTE V. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
When given for consideration, a promissory note is the equivalent of a contract to pay money
19 Feb 2010, 2:08 pm by PaulKostro
As such, courts will enforce them when “they are fair and equitable. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
Procedure under the Prevention of Domestic Violence Act
12 Jul 2010, 9:13 am by PaulKostro
V. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
Absent a valid excuse, a person who does not comply with a subpoena to testify may be held in contempt — the exercise of a valid testimonial privilege constitutes an adequate excuse
30 Jan 2012, 11:58 am by PaulKostro
NOTE: My legal and mediation services are offered to clients in Union, Middlesex, Somerset, Essex, Hudson, Bergen, and Morris counties in NJ. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
An abuse of discretion arises when a decision is made without a rational explanation, inexplicably departed from established policies, or rested on an impermissible basis
13 Apr 2012, 7:51 am by PaulKostro
NOTE: My legal and mediation services are offered to clients in Union, Middlesex, Somerset, Essex, Hudson, Bergen, and Morris counties in NJ. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
Consequential damages are those fairly and reasonably contemplated by the parties at the time of the execution of the contract
11 Aug 2010, 9:29 am by PaulKostro
Georges] Avenue (Route 27), Linden, Union County, NJ. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues