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In construing a contract, literalism must give way to context
12 Aug 2010, 9:09 am by PaulKostro
Courts should read a contract “as a whole in a fair and common sense manner. [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
The party to a settlement, who asserts a negligence claim against his former attorney, must establish the departure from the standard of care by specific facts
11 Aug 2010, 9:01 am by PaulKostro
In Guido v. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
The doctrine of undue influence
10 Aug 2010, 9:18 am by PaulKostro
Div. 1999)(citing Bronson v. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
Where other-crime evidence tends to make the existence of a material fact reasonably likely, it is admissible subject to the probative/prejudice balancing
5 Aug 2010, 12:04 pm by PaulKostro
Georges] Avenue (Route 27), Linden, Union County, NJ. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
An award of counsel fees in matrimonial matters rests in the discretion of the trial court
3 Aug 2010, 1:55 pm by PaulKostro
Chestone v. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
Rescission of a contract is a remedy for a unilateral mistake under a narrow class of circumstances
27 Jul 2010, 9:55 am by PaulKostro
V. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
There are probably few assets whose valuation imposes as difficult, intricate and sophisticated a task as interests in close corporations
27 Jul 2010, 9:41 am by PaulKostro
Georges] Avenue (Route 27), Linden, Union County, NJ. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
You have been charged with a criminal offense — do you qualify for PTI?
26 Jul 2010, 8:12 am by PaulKostro
State v. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
Legal fees in a matrimonial action
23 Jul 2010, 9:58 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
Courts have the authority to consider the assets and other financial circumstances of the parties in addition to their income when determining child support
23 Jul 2010, 9:45 am by PaulKostro
See Lepis v. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
In a family law matter, during the period of the representation, an attorney shall not take or hold a security interest, mortgage, or other lien on the client’s property interests to assure payment of the fee
23 Jul 2010, 9:20 am by PaulKostro
VAN HORN V. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
The party seeking to exclude all or a portion of an asset from equitable distribution on the ground that it was not attributable to the expenditure of effort by either spouse during the marriage has the burden of establishing such immunity as to any parti
22 Jul 2010, 8:20 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
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
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
In the absence of unconscionability, fraud, or overreaching in the negotiations of a settlement, no legal or equitable basis exists to reform the parties’ property settlement agreement
23 Jun 2010, 3:42 pm by PaulKostro
New Jersey law further finds that settlement agreements, if found to be fair and just, are specifically enforceable in equity, Schlemm 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 applicability of the entire controversy doctrine chiefly turns on whether the separatelyasserted claims arise from related facts or the same transaction or series of transactions
17 Jun 2010, 2:46 pm by PaulKostro
V. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
An agreement between parents to support a child past majority is enforceable if fair and equitable
15 Jun 2010, 7:37 am by PaulKostro
Dolce v. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
When a client alleges that he entered into a settlement based on negligent advice from his lawyers, he need not first seek to vacate the settlement, but may proceed directly against those lawyers the plaintiff asserts provided the negligent advice that cu
3 Jun 2010, 8:34 am by PaulKostro
Guido, et al. v. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues