February 20, 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ROBERT B. SPAWN reports on a recent unpublished decision from the Superior Court of New Jersey, Appellate Division.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-Tenant, who lived in a building owned and maintained by a Defendant-Housing Authority, fell through a hole in the floor of her apartment. After a hospital visit on the night of her fall (in December 2013), Plaintiff followed up with her primary care physician regarding lingering knee and back pain. Per her physician's recommendation, Plaintiff underwent physical therapy for several months, but, because her knee and back pain did not improve, Plaintiff subsequently sought treatment at a chiropractic center, and received twenty-nine chiropractic treatments between February and June 2014. Notably, in the midst of her chiropractic(...)
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.
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ROBERT B. SPAWN reports on a recent unpublished decision from the Superior Court of New Jersey, Appellate Division.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(...)
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.(...)
