September 2, 2016
Michael J. Rankin reports a recent case where the Court declined to permit a decedent's testamentary bequest to a charitable foundation because the foundation was not formed prior to the decedent's death.
The decedent's Will, dated December 16, 2008, included a charitable bequest to a foundation in his family's name. However, the attorney who drafted the Will advised the decedent at the time of preparing the Will that the decedent had to form the foundation in order for the gift in his Will to pass to it. Decedent was further informed that if the foundation remained unformed at the time of his death, the charitable bequest would lapse and go to the Estate's residuary beneficiaries.
The decedent passed on March 10, 2013, and the charitable foundation did not exist at that time. (...)
August 27, 2016
On August 27, 2016, Kozyra & Hartz, LLC held its first annual company picnic at The Clipper Pavilion at the Essex County South Mountain Recreation Complex in West Orange, New Jersey. The weather was a beautiful 88 degrees, and the view of the lake was gorgeous. The children enjoyed the afternoon playing at the Essex County Regatta Playground, and even encouraged the attorneys and staff to join them in a game of Wiffle Ball along the Waterfront. Everyone worked up an appetite for the amazing barbecue food which was served. A great time was had by all.
Looking forward to the next picnic!!!!!
June 29, 2016
On Wednesday, June 29, 2016, Barry A. Kozyra appeared as the featured speaker on "Expungement of New Jersey Criminal Records and What The Law Can Do for YOU", a program offered for Veterans at the East Orange Veterans Administration Medical Center, East Orange, New Jersey. The program featured a review of the expungement laws including the types of offenses that can be expunged and respective waiting periods, a discussion about the expungement process from filing the initial petition to serving an Order of Expungement and what information you need to obtain to file a petition, and a detailed explanation of the forms used by petitioners and the Court in the expungement process. Mr. Kozyra took questions from those attending at the conclusion of his talk.
Please contact Barry A.(...)
June 1, 2016
Michael J. Rankin reports a recent case where the Court granted the Defendants' motion to dismiss the complaint brought by their neighbor for injuries she sustained when she fell on or about Defendants' residential property while walking to Defendants' home. Specifically, Plaintiff argued that Defendants' vehicle was blocking the sidewalk, forcing her to walk around it, and causing her to slip and fall on snow and ice. Plaintiff suffered a fractured wrist which necessitated surgery. Following the incident, the Police instructed the Defendants to move the car that was blocking the sidewalk.
The Court found the Plaintiff to be a "social guest" on Defendants' property and therefore, Defendants owed her only a limited duty of care, i.e., an obligation to warn of a known dangerous(...)
May 10, 2016
Michael J. Rankin reports a recent case where New Jersey's Appellate Division knocked down a litigant's attempt to scale back a New Jersey Supreme Court decision that deemed arbitration agreements unenforceable if they do not clearly and unmistakably warn the signor about surrendering his/her litigation rights.
The plaintiff in the case entered into a debt adjustment contract with defendant to negotiate a settlement with and satisfy the outstanding debts due to plaintiff's creditors. The contract included an arbitration clause directing that any dispute or claim relating to the agreement or defendant's services would be resolved by binding arbitration. Plaintiff initiated an action alleging, amongst other things, that defendant did not perform as agreed under the agreement and(...)