November 5, 2018
ROBERT B. SPAWN reports on a recent unpublished decision from the Superior Court of New Jersey, Appellate Division.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 Plaintiff-dog groomer who filed a complaint against Defendants-dog owners after Defendants' dog bit Plaintiff during the course of a grooming session. At the trial level, Plaintiff claimed that Defendants were strictly liable for her injuries under the "dog-bite" statute, N.J.S.A. 4:19-16. Plaintiff also claimed that Defendants were negligent in failing to control their dog and allowing the dog to bite her. After both parties engaged in discovery, Defendants filed a motion for summary judgment based on the factual record laid out below.
When Defendants first brought their dog to Plaintiff's business in 2011, they informed(...)
October 31, 2018
Barry A. Kozyra, Esq. was interviewed and quoted on Magone & Company's Tax Information Blog dated September 27, 2018, regarding Employee Non-Compete Agreements: Enforceable or Not?, The Three Factors a Court Will Examine During a Non-Compete Case Hearing and the State's Requirements.
1) Time. Mr. Kozyra stated, "It's unreasonable to take somebody out of the workplace for one or two years if they only worked at your business for a month. You would have to demonstrate that you have very fragile intellectual property or confidential information that could be stolen."
2) Geography. Mr. Kozyra stated, "We routinely see situations where an employer wants to restrict someone from working anywhere on the planet because the company has such wide-ranging reach. While it's not commonplace,(...)
October 16, 2018
Kozyra & Hartz LLC is proud to announce that on October 16, 2018, Barry A. Kozyra received a Proclamation from Mayor Joseph P. Scarpelli, Commissioner Alphonse Petracco, Commissioner Thomas J. Evans, Commissioner Mauro G. Tucci and Commissioner Steven L. Rogers of the Township of Nutley.
The Proclamation paid tribute to Mr. Kozyra's accomplishments and contributions as a lawyer and citizen. The Township also extended their congratulations to Mr. Kozyra as the recipient of the 2018 Elks Citizen of the Year Award for his outstanding and meritorious service to humanity and charitable causes, and the 2018 Professional Lawyer of the Year Award for exemplary conduct, competence, diligence, and demeanor.
October 15, 2018
ROBERT B. SPAWN reports on recent changes in New Jersey regarding the expungement of criminal records.
A recently-enacted New Jersey law has made it easier for people to expunge (i.e., remove) certain types of charges from their criminal records. Noteworthy changes are listed below:
Prior to the passage of this law, a person seeking to remove a criminal conviction would have to wait ten years before becoming eligible to petition the Court for an expungement. Under the new law, this waiting period has been shortened to six years.
The Court can now remove four disorderly persons or petty disorderly persons offenses from a person's record. The old expungement law only allowed the Court to remove three such offenses.
The old law stated that interdependent charges(...)
October 11, 2018
Congratulations to Barry A. Kozyra, Esq. on receiving the 2018 Essex County Bar Association Professional Lawyer of the Year Award, which was presented to Barry by the Honorable Barry T. Albin, Associate Justice of the New Jersey Supreme Court, and the Honorable John W. Bissell, retired Chief Judge of the United States District Court for the District of New Jersey, at the Commission's Professionalism Awards Luncheon on Thursday, October 11, 2018, at the Pines Manor in Edison, New Jersey. When asked what inspires him about this noble profession, Barry stated:
"I believe all lawyers are charged by oath of office with the responsibility to seek justice for all and to bring honor to the profession. For me, my word has always been my bond in dealing with everyone -- client, adversary,(...)