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(...)
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ROBERT B. SPAWN reports on a recent unpublished decision from the Superior Court of New Jersey, Appellate Division.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.(...)
January 17, 2019
STELIOS STOUPAKIS and ROBERT SPAWN report on a recent decision from the Supreme Court of New Jersey.
The Supreme Court of New Jersey reversed the Appellate Division's ruling on three consolidated appeals, and, in doing so, established greater expungement opportunities for drug court graduates involved with third and fourth degree drug sale offenses. Three individuals applied for expungement under N.J.S.A. 2C:35-14 (m) upon their completion of drug court rehabilitation. Each had criminal records with various prior convictions and arrests, and all had successfully graduated the drug court program on May 17, 2016. Additionally, each was employed full-time and was current on payment of all fines, costs, etc. While a trial court granted the applications, on appeal the Appellate(...)
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(...)
December 28, 2018
The Essex County Bar Foundation (ECBF) recently announced a cooperative initiative with the Essex County Prosecutor's Office and other state and local law enforcement agencies to host a gun buyback event.
Every attorney at Kozyra & Hartz, LLC (K&H) has joined in donating a total of $1,500.00 toward the ECBF gun buyback initiative in an effort to take 6 rifles and 6 handguns out of harm's way.
Kozyra & Hartz, LLC has always been a strong supporter of the Essex County Bar Association (ECBA) and the ECBF's public service and fundraising efforts for the Essex County community.
The gun buyback initiative is particularly close to the heart of K&H's founding member, Barry A. Kozyra, as he initiated the idea for the event to take place.
"The surrender was proposed to bring awareness(...)