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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
It is patently unethical for a lawyer in a legal proceeding to represent an individual whose interests are adverse to another party whom the lawyer represents in other matters, even if the two representations are not related
4 Sep 2009, 5:52 am
State v. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
Judicial estoppel prevents litigants from playing fast and loose with, or otherwise manipulating, the judicial process
4 Mar 2010, 7:18 am by PaulKostro
” State v. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
Drawing the line between acts that constitute harassment for purposes of issuing a domestic violence restraining order and those that fall instead into the category of ordinary domestic contretemps presents our courts with a weighty responsibility and con
18 Aug 2012, 4:04 am by PaulKostro
” State v. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
A litigant must initially demonstrate that the Court acted in an arbitrary, capricious, or unreasonable manner, before the Court should engage in the actual reconsideration process
8 Jul 2010, 11:11 am by PaulKostro
MICHAEL PALOMBI V. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
The three elements required to establish an inter vivos gift are (1) a donative intent on the part of the donor; (2) an actual or symbolic delivery of the subject matter of the gift; and (3) an absolute and irrevocable surrender by the donor of ownership
23 Mar 2010, 9:31 am by PaulKostro
See H.K. v. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
A N.J. trial court does not have the authority to transfer court proceedings to another state
30 Jul 2009, 1:02 pm
Pek v. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
Determining eligibility for representation and indemnification of public employees being sued
26 Aug 2011, 3:45 am
Suffolk County police officer Gary Salino was served with the summons and complaint in a Federal action [Corey Kay and Winfield Properties, Ltd. v County of Suffolk et al, Civil Action No. 00-1161] in both his personal and his official capacities. [read post]
New York Public Personnel Law - http://publicpersonnellaw.blogspot.com/
An expert’s report must include the expert’s opinion, as well as the facts and data relied upon in forming that opinion
11 May 2011, 9:24 am by PaulKostro
[State v. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
Termination of day care expenses cannot be used as a basis to modify retroactively arrearages which already accrued under a child support order
24 Sep 2009, 9:05 am
In Keegan 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
Domestic Violence and the Battered-woman’s Syndrome
5 Mar 2010, 12:26 pm by PaulKostro
State v. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
The doctrine of forum non conveniens
4 Mar 2010, 7:09 am by PaulKostro
V. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
Absent exceptional circumstances, no extension of the discovery period may be permitted after an arbitration or trial date is fixed
30 Aug 2012, 1:11 pm by PaulKostro
V. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
When a pro se litigant is a law firm earning its income from the private practice of law, there is no reason why that firm should not be entitled to the recovery of attorney’s fees under the offer of judgment rule
2 Nov 2010, 12:23 pm by PaulKostro
V. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
The fairness of a child support award is dependent on the accurate assessment of a parent’s net income
2 Nov 2010, 12:16 pm by PaulKostro
Miller v. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
The privilege against self-incrimination is personal to the individual claimant and the election to invoke it must be exercised by the witness himself; it is not invocable by an attorney as his surrogate
9 Aug 2010, 8:37 am by PaulKostro
State v. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
The mere attainment of the age of 18 does not deprive the court of making a custody determination
8 Jan 2012, 10:28 am by PaulKostro
V. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
Application for a final award of counsel fees
20 Feb 2011, 3:57 am by PaulKostro
Accardi v. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues
A purpose to harass may be inferred from the evidence presented
22 Jun 2010, 8:13 pm by PaulKostro
” State v. [read post]
NJ Family Issues - http://www.kostrolaw.com/NJFamilyIssues