Business & Commercial Law
New Jersey Law Blog
Chapter 91 Follow Up
Posted in Business & Commercial Law
On January 28, 2008, I wrote an article for the New Jersey Law Journal discussing the consequences of a property owner’s failure to respond to a Tax Assessor’s Chapter 91 request. The article discussed the conflicting case law in this area, including the obligation of the owner of non-incoming producing property to respond to a Chapter 91 request. Continue reading
Condominium Owner May Not Withhold Payment of Condo Fees, Maintenance Fees, and Special Assessments Because of Claimed Water Infiltration and Mold
Posted in Business & Commercial Law
A unit owner in a top floor of a Union City condominium recently decided to pay his monthly maintenance fees and special assessments into an escrow account, alleging that the condominium association had failed to maintain the roof, proximately causing damage to the unit, and personal injury to the owners living inside. Continue reading
Landlord’s Beware: Options to Purchase Commercial Property Strictly Adhered
Posted in Business & Commercial Law
Recently, the Appellate Division of the State of New Jersey in Patel v. 323 Central Avenue Corp., et. al., declared that a tenant’s exercise of his option to purchase certain commercial property was barred. The court found that the contract was never signed, no enforceable oral agreement was ever intended, the tenant did not make a valid election to exercise his option under lease, and the tenant did not extend his option under the lease. See Patel v. 323 Central Ave. Corp., et al. A-3724-06T2 (App. Div. 2008). Continue reading
Pre-Owned and Inherited Assets
Posted in Business & Commercial Law
The issue of pre-owned assets frequently arises in divorces involving persons who were married later in life or second marriages. If one or both of the parties have accumulated assets prior to their marriage, very difficult issues often arise as to how those assets should be treated in the event of a divorce. Continue reading
Domestic Violence Victim – Change of Name
Posted in Business & Commercial Law
In The Application of EFG to Assume a New Name (decided by the New Jersey Appellate Division on March 17, 2008) the Appellate Court ruled that a victim of domestic violence who wished to change her name was not required to publish her new name and that the Court records of the name change could be sealed. Continue reading
The Right to Dry: Using Clotheslines in Community Associations
Posted in Business & Commercial Law
The Right to Dry: Using Clotheslines in Common Interest Community Associations
In recent months, articles in numerous publications – including Time, The Wall Street Journal and The New York Times – have examined a growing environmental movement that has been dubbed “The Right to Dry”, namely, the right to utilize clotheslines and air-drying in common interest community associations. Continue reading
Counsel Fees & Costs May Be Awarded In A New Jersey Law Against Discrimination Case
Posted in Business & Commercial Law
In a recent Appellate Division case, Michael vs. Robert Wood Johnson University Hospital, et al., the New Jersey Superior Court – Appellate Division was presented with a question of whether reasonable counsel fees could be awarded to a Defendant who prevails in an action under the New Jersey Law Against Discrimination. Continue reading
Correcting Mistakes in Tax Assessments
Posted in Business & Commercial Law
The average property owner in the Garden State pays about $6,000 a year in property taxes, twice the national average. To make matters worse, New Jersey is facing a projected $3 billion budget deficit for 2008, which will only complicate the legislature’s effort to provide property owners with any meaningful type of property tax reform. Continue reading
Collecting Prejudgment Interest on Debts
Posted in Business & Commercial Law
I am often asked by clients whether prejudgment interest can be obtained from debtors on unpaid claims. Prejudgment interest is usually awarded by the courts in New Jersey only when a written contract exists between the creditor and the debtor which includes a provision for the assessment of interest if payment is not received by the creditor in a timely manner. Continue reading
Landlord’s Beware: Commercial Tenant Failure to Obtain Municipal Permits Not Grounds For Eviction
Posted in Business & Commercial Law
The New Jersey Appellate Division in an unpublished decision, Cesar S. Arredondo v. Nersy Pujols, Docket No. A-5459-05T25459-05T2, ruled that breaches of both of a lease provision and a New Jersey statute for failing to obtain municipal permits before commencing construction work were NOT grounds for evicting a commercial tenant. … Continue reading
