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A motion for reconsideration is designed to seek review of an order based on the evidence before the court on the initial motion, not to serve as a vehicle to introduce new evidence in order to cure an inadequacy in the motion record
25 Oct 2010, 2:35 pm by PaulKostro
SUTER V. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
If a motion is based on facts not appearing of record, or not judicially noticeable, the court may hear it on affidavits made on personal knowledge, setting forth only facts which are admissible in evidence to which the affiant is competent to testify and
15 Jul 2010, 10:09 am by PaulKostro
Law Lessons from NELLY MARQUEZ V. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
A trial judge is not obligated to accept an expert’s opinion
28 Apr 2010, 5:03 pm by PaulKostro
” State v. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
The relationship of joint venturers, like that of partners, is one of trust and confidence
12 Aug 2010, 8:45 am by PaulKostro
V. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
Facts not appearing of record or not judicially noticeable must be submitted to the court by affidavits or certifications made on personal knowledge
20 Jul 2009, 5:28 am
Law Lessons from Bixby v. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
As between two people in a dating relationship, there is no presumption that payments made by one to, or on behalf of, the other are gifts
29 Apr 2010, 9:04 am by PaulKostro
See Weisberg v. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
A decedent’s clearly expressed desire to be cremated should be respected
16 Feb 2010, 9:55 am by PaulKostro
V. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
A court in its discretion may appoint a psychologist to conduct an evaluation of a child’s best interests in a custody dispute whenever the court concludes that disposition of an issue will be assisted by an expert’s opinion
11 Feb 2010, 9:31 am by PaulKostro
V. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
Custody and visitation may be restricted, or even terminated, where the relation of one or both parents with the child could cause emotional or physical harm to the child
8 Dec 2009, 8:54 am
Wilke v. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
Contract damages are designed to put the injured party in as good a position as he would have had if performance had been rendered as promised
12 Aug 2010, 9:06 am by PaulKostro
V. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
Punitive Damages Law : Award Against Exxon Valdez Slashed by US Supreme Court, Pointing to Possible Constitutional Limit to Exemplary Damages
27 Jul 2008, 3:27 pm
In the aftermath of Phillip Morris USA v. [read post]
LawPundit - http://lawpunditblog.blogspot.com/
It is not a rule that in every case where a couple cohabits before marriage, all assets acquired during cohabitation must be treated as marital assets
7 Apr 2010, 8:51 am by PaulKostro
VERNOSE V. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
A fifty-fifty split of the property is not necessary for equitable distribution
27 Apr 2010, 8:26 am by PaulKostro
See Rothman v. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
Appeals can only be taken from judgments and orders, not opinions
16 Jun 2010, 10:27 am by PaulKostro
ROGERS V. [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
V. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
Before determining that a party is entitled to equitable distribution of an asset simply because it was not included in a PSA, the judge is required to decide whether such a result is fair and just under all the circumstances
20 Oct 2010, 11:39 am by PaulKostro
Addesa v. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
A judge has broad discretion in setting alimony and equitable distribution
2 Feb 2010, 8:40 am by PaulKostro
Law Lessons from JANICE MEKHAIL V. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
The requesting party must show a strong need for the production of another party’s tax returns
29 Apr 2010, 9:00 am by PaulKostro
See Campione v. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
Waiver is an equitable defenses, which is not available to those who come before a court of equity with unclean hands
19 Jan 2010, 9:21 am by PaulKostro
Knorr v. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
In deciding upon equitable distribution, the trial judge must consider, among other factors, both the income or property brought to the marriage or civil union by each party and the contribution of each party to the acquisition, dissipation, preservation,
18 Mar 2010, 10:32 am by PaulKostro
PIERSON V. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues