Hoboken

Failure to Return Security Deposit, Double damages after Legal Deductions

January 28, 2012 | Frank Marciano

Cartoon: security deposit (medium) by toons tagged adam,and,eve,garden,of,eden,bible,god,serpent,deposit

(NOTE: The status of this decision is Unpublished.)
NOT FOR PUBLICATION WITHOUT THE
APPROVAL OF THE APPELLATE DIVISION
SUPERIOR COURT OF NEW JERSEY APPELLATE DIVISION DOCKET NO. A-1486-10T3
WAKENNA DOWELL, Plaintiff-Respondent, v. HOSSEIN AMERI, Defendant-Appellant.
January 26, 2012
From the Rutgers Law Library

Defendant Hossein Ameri appeals from the order of the Law Division, Special Civil Part, awarding judgment of $1550.34 to plaintiff, Wakenna Dowell, after a bench trial. We affirm.

…

Regarding the condition of the premises, the court found, based on photographs of the apartment taken by one of Ameri’s workers, Ippolito Trinidad, that Dowell left holes in the walls. The wall repairs cost $300. However, the court was unpersuaded that Dowell left burn marks in the carpet, which was unsupported by photographic evidence. The court rejected as incredible the testimony of Kevin Slade, another Ameri worker, that he had installed new carpet at a cost of $300. The court noted that Ameri had claimed $300 in costs for "replacing damaged carpets in three rooms" in an itemized list of repair costs that he allegedly gave to Dowell on June 9; yet, according to the evidence, measurements were not taken until June 10, and work done thereafter. Regarding the issue of damage to the apartment, the court expressly declined to rely on October 2010 photographs that Dowell had introduced into evidence over Ameri’s vigorous objection, and which Ameri referenced in his motion for a new trial.

Palimony or Alimony support without Marriage must be evidenced by a written agreement signed by both Parties.

October 16, 2011 | Frank Marciano

In Hoboken a lot a people live together that are not married, and have no written agreement regarding their relationship. Ranging from craigslist strangers to long term couples with children that have lived together for years without getting married, to same sex partners that never got around to filing for a civil union. For many years, even without a written agreement, the courts would examine the relationship and take into account oral promises to support from one party to another.

This promise by one party to a relationship to provide support for the other party to the relationship, either during or after termination of the relationship, is now not binding unless it is in writing and signed by the party making the promise.

As of January 2010. N.J.S.A. 25:1-5 (h) immediately amended the Statute of Frauds to include a provision relating to personal relationships:

Fewer Americans File for Bankruptcy (New York Times)

July 28, 2011 | Frank Marciano

http://j.st/5mp
After steadily climbing for several years, the number of Americans
filing for bankruptcy is on the decline, though that is not necessarily
an indicator of an improving economy. The number of bankruptcy filings
in June was 120,623, or an average of 5,483 a day, a drop of 6.2 percent
from May, when filings totaled 122,775, or 5,846 a day, according to a
report from Epiq Systems, which tracks bankruptcy filings.

Here’s how Hoboken becomes Home to another 10,000 people.

November 20, 2010 | Frank Marciano

Article by Judy Marciano, who is getting so good, that people now say when they see me, oh that’s Frank, the Realtor’s Husband.

The last census taken in Hoboken showed our population in the year 2000 at 38,577 people. As you know, we just had another census count taken this year and by all accounts our population has increased by at least 10,000 bringing the total to around 50,000 people. This amount does not include people who come here to work or party, it is just the residents. There are a few people in Hoboken who think this increase is a bad thing, but they are a small, but vocal minority, most people are happy that the increase in population has brought more stores, more food places and more activity on the streets. All of which has made Hoboken a safer and more vibrant community.

What many do not know is that in the next 10 -20 years there are plans to increase the residential housing stock to add another 10,000 residents to our city. On the Southern edge of Hoboken, New Jersey Transit put forth a proposal by a planning firm called FXFOWLE to add 6,000 residential units to the City. While that plan was withdrawn for now, a more modest plan for an 18 story high rise building is proposed on the site of the existing bus terminal. Since it is on only 3% of the 54 acres that New Jersey Transit controls you can be sure more development will be proposed on their property.

Humpty Dumpty, The Supreme Court of New Jersey and “The Minds of Lawyers” alive and well on the other side of the Looking Glass.

November 14, 2010 | Frank Marciano

Those profound words of wisdom spoken by Humpty Dumpty in “Through the Looking Glass has special relevance in the world of Law. Clients often want to know, in no uncertain terms, what is going to happen. While I win?; How Long will it take?; What is the Answer?; Can you Guarantee? How much will it cost? are all questions I get after clients give me a one sided, 5 minute summary of their problem. While I do my best to estimate my fees and give an educated guess as to the outcome of a case, no one, no lawyer, can guarantee a result. In fact the entire Court system with motions and appeals, and different courts is based on the fact that in real life nothing is crystal clear. Most of the time the issues are clear enough so the answer to a legal problem is clear, except of course when they’re not. Take for example a simple case of tenant being evicted for non-payment of rent.

Simple enough, you don’t pay your rent you can be evicted. Except of course, if you were being overcharged, then rent control laws might determine that, not only will the tenant not be evicted, that the Landlord owes the Tenant money. Or if the rent was held back because the condition of apartment was substandard, then the Tenant can not only stay but the Landlord would have to fix up the apartment. Or how about the case when the Landlord tries to collect rent, even though he lost control of the property though a foreclosure, and is not entitled to collect the rent. Or how about the case when the tenant, having not paid rent, files for bankruptcy, then the Landlord is prevented from evicting the tenant because the Bankruptcy laws stay all proceedings.

Hoboken’s Washington Street named one of best in USA

October 16, 2010 | Frank Marciano

		We all know that Hoboken is the coolest place to be in New Jersey, We love the constant hails of greetings and the endless smiles on so many of the people walking on Washington Street. However, for most people the subtle effects of the physical city around them is given little attention. This is a great award from a great Association
Washington Street	APA Award	and as a Attorney

that has practiced zoning law in Hoboken, Jersey City, Weehawken and the surrounding area I have had a lot of experience regarding the zoning process. The fact that Hoboken retained it’s charm throughout the years is a testament to the steady hand of Hoboken’s City Planner, Elizabeth Vandor of Vandor and Vandor She as quietly but firmly guided the City of Hoboken’s planning process since the early 80’s. The very fact that she has survived the political minefield of Hoboken’s politics during such a politically turbulent period of time is testament to her integrity and professional foresight. Continuity in the professionals advising Hoboken is a great thing if the right professionals are in place, and as a city we are lucky to have Elizabeth Vandor as our trusted professional. When so much is written of the bad in local Hudson County Government I thought it important that some good news be spread around.

Mortgage lenders Bank of America, J.P. Morgan and GMAC Mortgage unit have taken action to suspend or review foreclosure paperwork include New Jersey.

October 4, 2010 | Frank Marciano

In an effort to mortgage out America’s future at ever increasing speeds, the Banks and mortgage companies apparently forgot to do their homework. Missing signatures, missing documents even totally missing files are preventing lenders from proving their cases in a Court of Law. For all the bad things that can be said about the judicial system it is pretty gratifying to see the Courts of America not buckling under the pressure of these huge institutions as they try to crush America homeowners. It a lot like the Baseball players that get in trouble with steroids while the Baseball Club owners who benefited from the increase business and value that the steroid players made for them just seem above it all. But in the Courts where justice is Blind, the big Lenders have to prove their case like any other litigant. This is truly and exciting time in the world of Real Estate, What happens when a bank cant prove in a court of law that they own a mortgage and then cant foreclose. Can the homeowner just walk away, Its all new due to the digitization of the mortgage process. All I can say is that in all my years of practice I have never seen such disarray in the mortgage process. Of course it hurts new loan applicants since the Lenders are now crossing their T’s and dotting their I’s three or four time before they release a loan from underwriting but is great to see that the Banks cannot just bully are court system into taking over the homes of hardworking Americans. Stay Tuned Hoboken for what is sure to be an interesting year!!

Keeping it Organized on the IPhone, IPad and the Web

June 8, 2010 | Frank Marciano

The above is a picture of a new software program on the IPad called Nozbe, a task and team management program that is helping to keep us organized and so that we can Get Things Done.

I don’t need to explain how busy a person’s life is in today’s work environment; too much information and not enough time. Over the last few months I decided to explore the internet for team and task management programs to try to create a more organized office that would makes us more efficient and better able to respond to our client matters. After trying out over 75 programs we have decided to incorporate Nozbe into our daily routine. It is a Web 2.0 program but it also has an IPhone and IPad Application. It is a collaborative task management program that allows all of us here at Marcianolaw to assign and track all those things that must be done in a law office. While it will not make us perfect we are trying hard to create a transparent and responsive client attorney experience. You can also sign up for a free trial and take advantage of a truly useful tool that will help organize your daily life. If you want to learn more feel free to contact Frank at the office.

Forgotten Cemeteries and Coyotes right here in Jersey City

March 29, 2010 | Frank Marciano

I had a case this week about rear yard setback zoning violations in Jersey City that came about when a landowner of a vacant landlocked lot filed a complaint against my clients innocent backyard Rubbermaid shed, (one like all the other landowners in the area) and forced the matter to court all because my client rightly complained to the City about overgrown weeds.

Well court worked out great with no fine to my client However, day before court I went to my client’s house to take pictures and in speaking to a neighbor I leaned about an existing cemetery behind my clients property that was behind a church in Jersey City. The cemetery was totally fenced in and was sparsely filled with graves and stones from the 1750’s that no one now remembers or visits. One big old stone placed horizontally on the ground about 12 feet long and 3 feet wide had the names of 5 children who all died at the ages of 2-4 and then their parents name. Old and forgotten and very sad.

(Upon doing some research it turns out that this is called the “Speer Burial Ground and or the DeMott Burial Ground, and that “The cemetery is named for Abraham Speer, a Jersey City undertaker, bought the cemetery in 1857 and made it a public cemetery by selling burial plots for $16 each. It was used as a potter’s field during the nineteenth century. The absence of records makes it impossible to verify who and how many were buried in the cemetery over the years. Headstones indicate the burial of the veterans of the Revolutionary War, War of 1812 and Civil War.”)

Everyone should have a Last Will and Testament even if you don’t come across rare Snow Leopards in your 9-5.

February 2, 2010 | Frank Marciano

I was called back to my office late today to make a Will for a World Famous National

Geographic Photographer who was going to Thailand to photograph Tigers in the Wild.