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A person is incapacitated if she is impaired by reason of mental illness or mental deficiency to the extent that she lacks sufficient capacity to govern herself and manage her affairs
13 Oct 2010, 12:21 pm by PaulKostro
In the Matter of Macak, 377 N.J. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
Defending a Dometic Violence Contempt Case
8 Oct 2010, 12:59 pm by PaulKostro
Kostro, Esq., an attorney/lawyer/mediator in Linden, Union County, New Jersey. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
Although nonrefundable retainers are specifically prohibited in Family Court matters, there is no such prohibition in other case types
4 Oct 2010, 12:06 pm by PaulKostro
NOTE: Adwokat / Prawnik Pawel Kostro mowi po polsku. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
A biological or adoptive family may be ordered to permit third-party visitation where necessary to avoid harm to the child
29 Sep 2010, 3:47 pm by PaulKostro
Kostro, Esq., an attorney/lawyer/mediator in Linden, Union County, New Jersey. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
A party seeking to set aside a settlement agreement generally has the burden of proving his incapacity or incompetence to contract or other extraordinary circumstance sufficient to vitiate the agreement
31 Aug 2010, 6:55 am by PaulKostro
Kostro, Esq., an attorney/lawyer/mediator in Linden, Union County, New Jersey. [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
NOTE: Adwokat / Prawnik Pawel Kostro mowi po polsku. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
Equitable distribution is inapplicable in a matter involving unmarried parties, despite the extent of their cohabitation; however, joint venturers are entitled to seek a partition of their property when their joint enterprise comes to an end, irrespective
27 Aug 2010, 10:41 am by PaulKostro
Equitable distribution is inapplicable in a matter involving unmarried parties, despite the extent of their cohabitation. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
Without findings relevant to the legal standards, the litigants and the reviewing court can only speculate about the reasons for the decision
25 Aug 2010, 10:56 am by PaulKostro
Kostro, Esq., an attorney/lawyer/mediator in Linden, Union County, New Jersey. [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
Kostro, Esq., an attorney/lawyer/mediator in Linden, Union County, New Jersey. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
Motion for a new trial
24 Aug 2010, 6:17 am by PaulKostro
Kostro, Esq., an attorney/lawyer/mediator in Linden, Union County, New Jersey. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
One of the elements of an inter vivos gift is the relinquishment by the donor of ownership and dominion over the subject matter of the gift
23 Aug 2010, 2:50 pm by PaulKostro
Law Lessons from IN THE MATTER OF THE ESTATE OF JEWELL B. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
The test for measuring the existence of a confidential relationship is whether the relations between the parties are of such a character of trust and confidence as to render it reasonably certain that the one party occupied a dominant position over the ot
23 Aug 2010, 2:47 pm by PaulKostro
Law Lessons from IN THE MATTER OF THE ESTATE OF JEWELL B. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
The imposition of sanctions may be appropriate where the attorney files a pleading or a motion with an improper purpose, such as to harass or to cause unnecessary delay or needless increase in the cost of litigation, or by asserting a claim or defense tha
23 Aug 2010, 2:17 pm by PaulKostro
Law Lessons from IN THE MATTER OF THE ESTATE OF ANDRELL CYRANO “BILLY” ADAMS, DECEASED, App. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
In a Domestic Violence matter, in compelling circumstances, where a party’s ability to adequately present evidence during a domestic violence action may be significantly impaired, a trial judge may, in the exercise of sound discretion, permit limited disc
23 Aug 2010, 1:02 pm by PaulKostro
Kostro, Esq., an attorney/lawyer/mediator in Linden, Union County, New Jersey. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
Arbitration of medical malpractice claims
18 Aug 2010, 10:27 am by PaulKostro
Kostro, Esq., an attorney/lawyer/mediator in Linden, Union County, New Jersey. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
An order is distinguishable from a judgment
17 Aug 2010, 6:34 am by PaulKostro
NOTE: Adwokat / Prawnik Pawel Kostro mowi po polsku. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
In construing a contract, literalism must give way to context
12 Aug 2010, 9:09 am by PaulKostro
Kostro, Esq., an attorney/lawyer/mediator in Linden, Union County, New Jersey. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
The doctrine of unclean hands embraces the principle that a court should not grant equitable relief to a party who is a wrongdoer with respect to the subject matter of the suit
12 Aug 2010, 8:42 am by PaulKostro
Kostro, Esq., an attorney/lawyer/mediator in Linden, Union County, New Jersey. [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
., A-0316-07T1, August 11, 2010: The standards for determining when a client can maintain a legal malpractice action against the attorney who acted as counsel in a settled matter had been governed until recently by two cases: Ziegelheim v. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
The FAA’s clear authorization nullifies the specific prohibition of arbitration provisions in nursing home or assisted living facilities’ contracts
10 Aug 2010, 9:31 am by PaulKostro
Kostro, Esq., an attorney/lawyer/mediator in Linden, Union County, New Jersey. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues