This month, the New Jersey Supreme Court decided that an emotionally disabled condo owner could have an emotional support dog although pets that size were expressly prohibited by the master deed of the condo development. And compounded the damage by extending this holding to landlords being obligated to permit tenants to have an emotional support […]
SUPREME COURT GOING TO THE DOGS Read More »
In a prior blog, we let you know that the State of New Jersey had adopted flood notice legislation pertaining to real estate sales and leases and that we would let you know when more details were available. The law is now in effect. Many real estate leases and all real estate contracts must contain
NEW JERSEY FLOOD NOTICE UPDATE Read More »
Banks typically do not freeze the bank account of a customer filing a New Jersey bankruptcy. However, they can. A bank may freeze your account just as soon as it learns that you have filed for bankruptcy. It will say that it is doing so to preserve the ability of your creditors to recover against
WILL THE BANK FREEZE MY ACCOUNT IF I FILE FOR BANKRUPTCY? Read More »
Sometimes an accident occurs because of poorly maintained roads, or missing signs or other hazardous conditions. If you are planning to sue a town, county or the State based on these kind of conditions, there is a lot to consider. First, you cannot sue a governmental entity without first filing a notice of claim within
SUING FOR DANGEROUS ROAD CONDITIONS Read More »
Use of your cell phone while driving, whether texting, emailing, or calling, can put you and others on the streets at risk. The first offense under New Jersey law of talking or texting while driving has a minimum fine of $200.00, the second offense a minimum fine of $400.00, and the third offense a minimum
You are in an auto accident. You are taken to the hospital and received medical treatment. Your car is totalled and you are counting on your car insurance to pay for a replacement car. You are at fault for the accident and the other driver is injured. And his car is totalled. After receiving a
BANKRUPTCY AND THE UNINSURED DRIVER Read More »
In a recent Appellate Division decision, the New Jersey scheme of tax sale certificate foreclosures was radically overturned. Relying on a 2023 US Supreme Court opinion, the court found that a foreclosure judgment divesting the owner of all equity violated the Fifth Amendment of the US Constitution prohibiting taking of private property without
TAX FORECLOSURES FLIPPED Read More »
Earlier this year, New Jersey adopted a law mandating notices of flood prone areas in real estate transactions. Every landlord must notify their tenant before lease renewal or execution, of whether the leased premises are located in the Federal Emergency Management Agency Special Flood Hazard Area or Moderate Risk Flood Hazard Area, and whether the
NEW JERSEY FLOOD NOTICES NOW REQUIRED Read More »
In a prior article posted on this site, we reported the Appellate Division decision to make the personal injury plaintiff responsible for justifying the attendance of a third party observer at a defense medical exam. This practice is customary in my office in order to protect the plaintiff from any unconscionable or improper activity on
UPDATE: PROTECTING PLAINTIFF IN A DEFENSE MEDICAL EXAM Read More »
The New Jersey Consumer Fraud Act imposes liability for treble damages and attorneys fees for any seller of merchandise engaging in “any unconscionable commercial practice, deception, fraud, false pretense, false promise, misrepresentation, or the knowing, concealment, suppression or omission of any material fact with intent that others reply upon such concealment, suppression or omission”. For
SELLING REAL ESTATE AND THE CONSUMER FRAUD ACT Read More »
Charles D. Whelan III has been committed to excellence for over 30 years. With offices located centrally in New Jersey, he is able to provide businesses and individuals with excellent legal services.
