I recently obtained summary judgment dismissing a multimillion dollar lawsuit involving a purported commercial real estate lease and purchase. My clients were an elderly woman living on the West Coast and a family trust for which she was co-trustee. The other co-trustee was her elderly husband. The property in question was a New Jersey warehouse […]
COMMERCIAL REAL ESTATE WIN Read More »
A passenger who is injured in a New Jersey automobile accident always has recourse for damages against any insurance policy covering any responsible vehicle in the accident. (This is a separate issue from coverage for medical expenses, which is initially covered by any auto insurance policy of the passenger, and if none, then any insurance
SUING UBER IN NEW JERSEY Read More »
If someone falls on your sidewalk, are you responsible? New Jersey law says that it depends on what kind of owner you are. If you are a residential homeowner of a one or two family home in which you reside, then you are not liable. But please note that you should always carry liability insurance
SIDEWALK LIABILITY FOR PROPERTY OWNERS Read More »
There are many circumstances in which landlords become involved in the bankruptcy process. This blog will not deal with landlords filing a bankruptcy petition as debtor. We will discuss what happens when a tenant files bankruptcy and what to do. A tenant facing eviction may file a bankruptcy petition. Most common is that the eviction
BANKRUPTCY FOR LANDLORDS Read More »
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 »
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.
