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Motion for rehearing or reconsideration
23 Jul 2010, 9:53 am by PaulKostro
Law Lessons from SHERYL DENICOLA, n/k/a SHERYL HYER V. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
An obligor who has selected a change in career, must establish that the benefits he or she derives from the career change substantially outweigh the disadvantages to the supported children
25 Aug 2010, 10:52 am by PaulKostro
MASON V. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
The law recognizes a presumption that mail properly addressed, stamped, and posted was received by the party to whom it was addressed
5 Apr 2010, 2:27 pm by PaulKostro
State Dep’t of Human Servs., 146 N.J. 614, 621 (1996). [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
What is fraud?
27 Aug 2009, 5:03 pm
" Gennari v. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
An issue of fact is genuine only if, considering the burden of persuasion at trial, the evidence submitted by the parties on the motion, together with all legitimate inferences therefrom favoring the non-moving party, would require submission of the issue
24 Feb 2010, 12:41 pm by PaulKostro
V. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
NEWS: The U.S. Supreme Court addresses strip searches in schools
25 Jun 2009, 8:09 am
Safford United School District No. 1 v. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
DV defendant’s testimony may not be used as affirmative evidence in a related criminal prosecution; however, if a defendant chooses to testify, he or she would be subject to cross-examination to the same extent as the DV complainant
5 Aug 2012, 12:21 pm by PaulKostro
State v. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
Reconsideration is to be distinguished from the Family Part’s inherent equitable powers to modify provisions of prior orders based upon changed circumstances
15 Aug 2012, 7:44 am by PaulKostro
[Palombi v. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
Cohabitation creates a rebuttable presumption of changed circumstances shifting the burden to the dependent spouse to show that there is no actual economic benefit to the spouse or the cohabitant
28 Sep 2011, 12:54 pm by PaulKostro
In Crowe v. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
When the alleged victim of domestic violence seeks a restraining order as the principal claim for relief, the right to trial by jury does not attach
19 Jun 2009, 1:39 pm
State Bar Ass’n 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
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
See, e.g., State Troopers Fraternal Ass’n of N.J., Inc. v. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
Absent unconscionability, fraud, or overreaching in the negotiations of the settlement, no legal or equitable basis exists to reform the parties’ property settlement agreement
13 Mar 2012, 9:07 am by PaulKostro
See State v. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
An attorney does not necessarily have to be present any time that there is perceived clash in the interests of a parent based on a familial relationship with the victim or another involved in the investigation
30 Jul 2010, 10:11 am by PaulKostro
[State v. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
Equity may allow rescission in light of a unilateral mistake in a contract under certain circumstances
31 Aug 2010, 6:50 am by PaulKostro
Co. v. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
A child cannot be removed from the State without consent, unless the court, upon cause shown, shall otherwise order
18 May 2010, 9:41 am by PaulKostro
[Baures v. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
Vicious and Dangerous Dogs
4 Mar 2010, 6:59 am by PaulKostro
Law Lessons from STATE OF NEW JERSEY V. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
Attainment of age eighteen establishes prima facie, but not conclusive, proof of emancipation
25 Feb 2010, 9:04 am by PaulKostro
Guliadis, 128 N.J. 318, 322 (1992) (holding that plenary hearings are required when there are “contested issues of material fact on the basis of conflicting affidavits”); see also State v. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
Great sex, in your own home, can get you arrested
16 Mar 2010, 6:02 am by PaulKostro
” State v. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
In order for a court to find that a defendant committed an act of harassment, the court must find that the person had a conscious objective to harass the plaintiff
20 Oct 2009, 9:00 am
State v. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues