Posted in Business & Commercial Law
Often, business break-up or oppression litigation will include allegations that one side or the other breached fiduciary duties. Courts have consistently recognized shareholders who owe certain fiduciary duties to the other shareholders and corporate entity. Continue reading
Posted in Personal Injury
A “resident relative” is defined under most automobile insurance policies as someone who resides in the household and is related to the insured. Continue reading
Posted in Personal Injury
Employers are charged with providing immediate medical attention following a work related accident or illness. Continue reading
Posted in Litigating Claims
n late 1998 Monroe Station Associates started construction on the Belmont, a seven-story, thirty-four unit condominium building in Hoboken, New Jersey. Continue reading
Posted in Litigation
In the courts of the State of New Jersey, adult individuals generally may prosecute or defend a civil action in person, however, state law generally prohibits any business entity other than a sole proprietorship from appearing in any court action in the State except through an attorney authorized to practice law in New Jersey. Continue reading
Posted in Business & Commercial Law
I previously wrote a blog discussing a case where the New Jersey Tax Court found that a contract purchaser who did not own the property on date the tax appeal was filed (March 29, 2012) did not have standing to file a tax appeal. As a result, the Tax Court dismissed the appeal. On July 3, 2013, the Appellate Division of the Superior Court of New Jersey reversed the Tax Court and held that the contract purchaser had standing to file the appeal and is entitled to proceed towards trial. Continue reading
Posted in Real Estate
All municipalities in New Jersey are required by statute to hold annual sales of unpaid real estate taxes. By selling off these tax liens, municipalities generate revenue. Tax sales are conducted by the tax collector; third parties and the municipality bid on the tax sale certificates (“TSC”). At the conclusion of the sale, the highest bidder pays the outstanding taxes and becomes the holder of the TSC. The TSC must be recorded with the County Clerk to become a lien against the real estate. Continue reading
Posted in Business & Corporate
After getting a judgment, clients and the public will ask how long it is “good for.” Other times, clients will assume that a judgment exists forever. The answer, however, is somewhat complex. Continue reading
Posted in Bankruptcy & Creditor's Rights
If a Sheriff’s Sale results in more money than needed to satisfy the foreclosure judgment, fees, costs and commissions, the remaining amounts are referred to as “surplus funds”. Junior lien holders and others have the right to make an application for these funds. During the 2007-2008 time frame such applications were quite common. With the real estate bust they have been far less common but there are signs everywhere that real estate values are coming back and so may the opportunity for these applications. Continue reading
Posted in Truck & Bus Accident
I’ve previously written blogs about “step-down” provisions often included in automobile insurance policies. Such a provision is usually included in the “fine print” section of the policy. It applies to injured claimants who are a named insured under another policy. The step-down clause steps the available uninsured and underinsured motorist coverage… Continue reading
