908-490-0444PROBATE LITIGATION – NEW YORK APPELLATE DIVISION GRANTS SUMMARY JUDGMENT DISMISSING OBJECTION BASED ON LACK OF TESTAMENTARY CAPACITY BUT NOT WITHOUT SHARP DISSENT
September 21, 2018
In the September 2018 decision of Matter of Giaquinto, 2018 N.Y. Slip Op. 06065 (3d Dept. 2018), the New York Appellate Division, Third Department, affirmed the granting of summary judgment in a probate contest that dismissed an objection that the decedent lacked testamentary capacity. In granting summary judgment on this objection, the Appellate Division recognized […]
Read Full ArticleMotor Vehicle Commission Must Afford In-Person Hearing Upon Request Prior to Revoking or Suspending Motor Vehicle Dealer License
September 4, 2018
On July 18, 2018, in Allstars Auto Group, Inc. v. New Jersey Motor Vehicle Commission, the New Jersey Supreme Court reversed the Appellate Division and held that the Motor Vehicle Commission acted improperly in suspending the licenses of eight motor vehicle dealers prior to holding hearings which had been requested by each dealer. Schiller, Pittenger & […]
Read Full ArticleDo Tax Sale Certificate Holders Have Standing to Challenge a Land Use Approval?
August 7, 2018
Most applicants for a land use approval (subdivision, site plan or variance) have to provide formal notice to the owners of real property within 200 feet of the property that is the subject of the application. However, the list of potential objectors who can oppose the application before the board or challenge an approval afterwards […]
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Freezing the Rules Applicable to Your Land Use Application
August 1, 2018
With New Jersey as probably the most developed state in the nation, all of the easy pieces of property have already been developed. Naturally the developer will want to make the most productive use of the land within the bounds of the local land use ordinance. Municipal land use ordinances are complicated, with lots of […]
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