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Kozyra & Hartz, LLC Is Pleased To Announce That Stelios Stoupakis Has Joined The Firm As An Associate

February 15, 2019

Mr. Stoupakis is a graduate of Drew University (B.A. 2001). He is a graduate of St. John's University School of Law (J.D. 2004) where he was a Staff Member of the St. John's Law Review. Mr. Stoupakis was admitted to practice law in the State of New Jersey in 2004. Mr. Stoupakis started his legal career as an Assistant Prosecutor for the Passaic County Prosecutor's Office, under the late Prosecutor James Avigliano. He became an associate at the law firm of DiBiasi & Rinaldi in Nutley, New Jersey, before opening his own law practice as a partner at Koniarelis, Stoupakis & Kalogeras in Fairview, New Jersey. Mr. Stoupakis has experience in criminal, family, domestic violence, real estate, condominium conversions, contracts and civil litigation.

Appellate Division Affirms Trial Court’s Decision Awarding Public Adjusting Fees To Former LLC Members

February 11, 2019

ROBERT B. SPAWN reports on a recent unpublished decision from the Superior Court of New Jersey, Appellate Division. A recent New Jersey case involved a dispute between four members of a public adjusting business (the "LLC") originally formed in 1999. Each member obtained business for the LLC through solicitation or referral of clients, and all public adjusting fees collected from the clients were paid directly to the LLC. The managing member ("SK"), pursuant to authority given to him by the LLC's operating agreement, instituted a procedure requiring a member to submit an expense report with supporting receipts in order to receive reimbursement for business expenses. Three members of the LLC (Defendants SK, JS, and JT) routinely submitted such expense reports and received(...)

The Appellate Division Reminds All Litigants That A Permanent Mutual Waiver Of Alimony May Not Be So Permanent After All!

February 7, 2019

MARGARITA ROMANOVA reports on a recent published decision from the Superior Court of New Jersey, Appellate Division. In a recent published New Jersey Appellate Division decision, the Court determined that, despite the divorced parties' mutual and permanent waiver of alimony at the time of their divorce, a former spouse's voluntary pension waiver can constitute a change in circumstances that warrants an award of alimony to the other spouse after the divorce. The parties divorced in 1997 when they were both fifty-five years of age following a thirty-five-year marriage. They mutually waived alimony "now and in the future" and agreed, among other things, to equally divide the marital coverture portion of their respective accumulated pensions. While the Wife's pension was modest, the(...)

Appellate Division Affirms Trial Court’s Decision Denying Recovery Of Interest On Student Loan Notes

January 21, 2019

ROBERT B. SPAWN reports on a recent unpublished decision from the Superior Court of New Jersey, Appellate Division. In a recent New Jersey case, a Plaintiff-borrowing institution brought suit against a Defendant-borrower to recover the balance due on two outstanding student loans. The first loan, issued in 2007, was for $16,700, and the second loan, issued in 2008, was for $7,609. While in school, Defendant's loan payments were deferred. Then, upon the completion of her coursework in January 2010, Defendant's payments became due. Because Defendant had not made any payments on either loan after her deferment period had ended, Plaintiff deemed the loans in default in September 2010. Upon default, Defendant became "liable for the entire balance of the loan" per N.J.A.C.(...)

Barry A. Kozyra Mentored Students At The Nutley High School For The 2019 Mock Trial Competition Held At The Essex County Courthouse

January 17, 2019

Barry A. Kozyra acted as lawyer-coach with Chris Bradley as teacher-coach and mentors to students at Nutley High School for the 2019 New Jersey State Bar Foundation's Mock Trial Competition. Mr. Kozyra met with the student teams regularly to instruct on trial procedures such as opening and closing statements, preparing fact or expert witnesses for direct and cross-examination and introducing documents as evidence for use at trial. "I have been involved with the NJSBA Mock Trial program through the Essex County Bar Association since my days as a young lawyer. It is an opportunity for the students to have a hands-on involvement in what it is like to be a lawyer or witness in a trial in a real courtroom. The Nutley High School team exhibited the best traits to be good lawyers as they(...)