Search Rutgers Law Library N.J. Court Opinions

1 Kathleen M. Moynihan v. Edward J. Lynch -- rank: 1000

... the parties had entered before the Legislature in 2010 amended N.J.S.A. 25:1-5 to include subparagraph (h). That amendment mandated that palimony agreements ... made with the independent advice of counsel.” She challenged N.J.S.A. 25:1-5(h) on constitutional grounds and urged enforcement as a typical ... be bound by the agreement. The trial court found that N.J.S.A. 25:1-5(h)’s attorney-review requirement did not contravene Moynihan� ... without the attorney review requirement, is enforceable. That portion of N.J.S.A. 25:1-5(h), which imposes an attorney-review requirement to enforce a ... be signed by the party against whom enforcement is sought. N.J.S.A. 25:1-5. In 2010, the Legislature amended the Statute to include palimony agreements. N.J.S.A. 25:1-5(h). Prior to the amendment, New Jersey’s common ...

docket:	a-64-20
court:	NJ Supreme Court
decided:	2022-03-08
status:
citation:
Document Size:	81375

2 A-1-13 -- rank: 816

... in passing the 2010 Amendment to the Statute of Frauds, N.J.S.A. 25:1-5(h), intended to render oral palimony agreements that predated the ... granted because the 2010 Amendment to the Statute of Frauds, N.J.S.A. 25:1-5(h), bars enforcement of all oral palimony agreements, even those ... HELD: 2 The 2010 Amendment to the Statute of Frauds, N.J.S.A. 25:1-5(h), does not render oral palimony agreements that predate it ... Court’s charge is to determine whether the Legislature intended N.J.S.A. 25:1-5(h), the 2010 Amendment to the Statute of Frauds, to ... impair the obligation of a contract. (pp. 17-20) 4. N.J.S.A. 25:1-5(h) provides that, effective January 18, 2010, no action shall ... of counsel. Nowhere in the text or legislative history of N.J.S.A. 25:1-5(h) has the Legislature given any signal that it ...

docket:	A-1-13
court:	NJ Supreme Court
decided:	2014-09-25
status:
citation:	219 N.J. 565 99 A.3d 795
Document Size:	99888

3 GRAZYNA KOZIKOWSKA v. WIESLAW WYKOWSKI -- rank: 764

... argues: (1) the recent amendment to the Statute of Frauds, N.J.S.A. 25:1-5(h) (Amendment), requiring that palimony agreements be in writing and ... our consideration: POINT I THE TRIAL COURT INCORRECTLY HELD THAT N.J.S.A. 25:1-5(h) SHOULD NOT BE APPLIED RETROACTIVELY. (a) "PIPELINE" RETROACTIVITY SHOULD ... made with the independent advice of counsel for both parties. [ N.J.S.A. 25:1-5(h).] The legislative history of the Amendment makes clear that ... supra , 421 N.J. Super. 107 , was decided, holding that N.J.S.A. 25:1-5(h) would be accorded prospective application. In reaching this decision ... 198 N.J. 312 (2009). Prior to the enactment of N.J.S.A. 25:1-5(h), such agreements could be express or implied. Kozlowski , supra ... 2d 902 (1979), [ superseded by statute , the Statute of Frauds, N.J.S.A. 25:1-5(h) (Amendment), as recognized in Botis v. Estate of ...

docket:	a5466-09
court:	NJ Superior Court Appellate Division
decided:	2012-09-26
status:	unpublished
citation:
Document Size:	105882

4 SOOKHEE LEE v. JONATHAN KIM -- rank: 708

... lack of a writing pursuant to the Statute of Frauds, N.J.S.A. 25:1-5(h). We affirm. We derive the following facts from the ... Jersey as defendants. Lee's complaint challenged the constitutionality of N.J.S.A. 25:1-5(h). She argued the statute violated her rights to free ... The court determined there was no free speech violation because N.J.S.A. 25:1-5(h) 'neither limits what [Lee] may say nor requires [Lee ... review and concluded, as did the district court judge, that N.J.S.A. 25:1-5(h) was ''extremely rationally related to the end goal' . . . of ... desires, on whatever terms she and the other party agree. [N.J.S.A. 25:1-5(h)] only requires Lee to memorialize an agreement with the ... New Jersey Constitution. This appeal followed. On appeal, Lee argues N.J.S.A. 25:1-5(h) violates her right to privacy under the New ...

docket:	a5126-15
court:	NJ Superior Court Appellate Division
decided:	2018-02-27
status:	published
citation:
Document Size:	43052

5 KATHLEEN M. MOYNIHAN v. EDWARD J. LYNCH -- rank: 665

... required by the 2010 amendment to the Statute of Frauds, N.J.S.A. 25:1-5(h) (Amendment). Neither party sought attorney review and the Agreement ... bar to A-4883-18T3 9 the Statute of Frauds, N.J.S.A. 25:1-5, 5) unjust enrichment, 6) quantum meruit, 7) quasi-contract, 8 ... writing and signed by the party to be charged therewith.' N.J.S.A. 25:1- 5. On January 18, 2010, the Statute of Frauds was amended ... made with the independent advice of counsel for both parties. [ N.J.S.A. 25:1-5(h) (emphasis added).] The legislative history of the Amendment makes ... during the course of such relationship or after its termination.' N.J.S.A. 25:1-5(h). The Amendment does not limit the attorney review requirement ...

docket:	a4883-18
court:	NJ Superior Court Appellate Division
decided:	2020-11-12
status:	Unpublished
citation:
Document Size:	63312

6 /usr/local/share/www/libweb/collections/courts/appellate/a3213-19.opn.html -- rank: 637

... from another person within the meaning of subsection h. of [ N.J.S.A.] 25:1- 5; and (7) All other relevant evidence. In evaluating whether cohabitation ...

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court:
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citation:
Document Size:	46935

7 CHARLES E. HERBRUCK v. MARIA T. HERBRUCK -- rank: 633

... in writing and signed, with the independent advice of counsel. N.J.S.A. 25:1-5(h). The amendment precludes claims for support based solely on ...

docket:	a3065-11
court:	NJ Superior Court Appellate Division
decided:	2014-04-25
status:	unpublished
citation:
Document Size:	57354

8 LALJI BHIMJI SANGHANI v. RAJESHKUMAR M. PATEL -- rank: 631

... as a matter of law under the statute of frauds, N.J.S.A. 25:1-5(f). Finally, we note that the Pasula defendants also filed ...

docket:	a3184-20
court:	NJ Superior Court Appellate Division
decided:	2022-08-05
status:	Unpublished
citation:
Document Size:	52823

9 EDWARD D. CLEMENTI v. AJA CLEMENTI -- rank: 628

... promise of support from another person within the meaning of [N.J.S.A. 25:1-5(h)]; and (7) All other relevant evidence. In evaluating whether ...

docket:	a0550-20
court:	NJ Superior Court Appellate Division
decided:	2023-02-16
status:	Unpublished
citation:
Document Size:	61077

10 /usr/local/share/www/libweb/collections/courts/appellate/a1624-20.opn.html -- rank: 626

... from another person within the meaning of subsection h. of [ N.J.S.A.] 25:1- 5; and (7) All other relevant evidence. In evaluating whether cohabitation ...

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court:	NJ Superior Court Law/Chancery Division
decided:
status:
citation:
Document Size:	46127

11 /usr/local/share/www/libweb/collections/courts/appellate/asdf.opn.html -- rank: 622

... without the attorney review requirement, is enforceable. That portion of N.J.S.A. 25:1-5(h), which imposes an attorney-review requirement to enforce a ...

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court:	NJ Superior Court Law/Chancery Division
decided:
status:
citation:
Document Size:	36848

12 PAMELA LOGAN v. RONALD BROWN -- rank: 622

... from another person within the meaning of subsection h. of [ N.J.S.A.] 25:1- 5; and (7) All other relevant evidence. In evaluating whether cohabitation ...

docket:	a3554-18
court:	NJ Superior Court Appellate Division
decided:	2020-10-22
status:	Unpublished
citation:
Document Size:	41637

13 R.J.E v. R.I.E -- rank: 619

... promise of support from another person within the meaning of [N.J.S.A. 25:1-5]. [Id. at pages 4-5.] A-4592-19 26 The ...

docket:	a4592-19
court:	NJ Superior Court Appellate Division
decided:	2021-08-24
status:	Unpublished
citation:
Document Size:	65528

14 SMS FINANCIAL XXIX, LLC v. MARK O'DEA -- rank: 613

... subject to the provisions of subsection f of this section[.] [ N.J.S.A. 25:1-5(f) and (g).] The judge found the statute 'clearly requires ... loan in an amount over $100,000, and as such, N.J.S.A. 25:1-5(f) required a writing and an oral agreement was not ... ruling the Statute of Frauds barred the settlement by misapplying N.J.S.A. 25:1-5(f) and (g) instead of N.J.S.A. 25 ... to proceed with foreclosure by entering into settlement negotiations. Accordingly, N.J.S.A. 25:1-5(f) and (g) applied and required the settlement agreement to ...

docket:	a1016-16
court:	NJ Superior Court Appellate Division
decided:	2018-09-12
status:	Unpublished
citation:
Document Size:	37124

15 GARY POLLER VS. SUSANA POLLER -- rank: 610

... from another person within the meaning of subsection h. of [N.J.S.A.] 25:1- 5; and (7) All other relevant evidence. The New Jersey Supreme ...

docket:	a0251-22
court:	appellate
decided:	2024-03-28
status:	Unpublished
citation:
Document Size:	25205