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12.12.2024
Trial Court Lacked Discretion to Dictate the Order of Attorney Fees Payment From a Fund in Court
Mooney v. Convery, Nos. A-1576-22, A-1577-22 (N.J. Super. App. Div. Nov. 13, 2024) This case came before the Appellate Division after the trial court awarded attorney fees but directed payment only after the defendant fully satisfied the judgment, rather than from a fund in court under Rule 4:42-9(a)(2). John J. Mooney passed away on June […]
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12.09.2024
Appellate Division Clarifies Standards for Electronic Service, Affiant’s Personal Knowledge Requirement, and Quiet Title Actions
Nolasco v. Estate of Nolasco, Docket No. A-3176-22, 2024 WL 4563243 (N.J. Super. App. Div. Oct. 24, 2024) This matter concerns a quiet title claim brought against the estate (“Estate”) of Otilio Nolasco (“Otilio” or “decedent”) by plaintiff Jose Nolasco (“Jose”) concerning real estate in North Plainfield, New Jersey. The Estate appealed two orders: […]
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11.25.2024
Appellate Division Remands Case for Determination of the Application of the Entire Controversy Doctrine to Claims of Breach of Fiduciary Duties
Ventre v. Balsamo, 2024 WL 4749519, (N.J. Super. App. Div. Nov. 12, 2024) This matter came before the Appellate Division because the trial court found the plaintiff’s legal malpractice against claim against Arthur Balsamo, Esquire (“Attorney”) barred under the entire controversy doctrine and the doctrine of collateral estoppel. The Appellate Division affirmed the Law Division’s […]
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11.12.2024
Appellate Division Retroactively Applies Foreign Adoption Statute to Adoption of Decedent’s Son, Finds That Adopted Son Is Rightful Intestate Heir Over Decedent’s Brother
In re Estate of R.S., No. A-3452-22 (N.J. Super. App. Div. Oct. 31, 2024) The defendant appealed an Order appointing the plaintiff as the administrator of the decedent’s estate. The Appellate Division reversed and remanded. The defendant was adopted by the decedent and his spouse from Russia shortly after he was born in 1993. The […]
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