Hoboken Law Blog

I was recently, May 12, 2008, asked to appear on Court TV, now known as TruTv to comment on the McGreevey divorce proceeding on the Jamie Floyd show. It was a great time and I have a new found respect for those talking heads on TV. Before I sat at the table and went on air I toured the facility with my wife Judy. The control room for this little production was staffed by 15 people, each was seated behind a computer monitor while watching a wall of at least 50 monitors. Then there was my personal assistant Ty, her assistant Alex the Intern, the makeup guy, the sound women and Deb Cote the producer of the McGreevey segment. They were all so professional and pleasant that you could see why the interns work for free. The host, Jamie Floyd was smart and in control and was able to seemingly effortlessly keep up a level of excitement to move things along, My thanks to all on the production and I hope to be on again.

DivorceNet - Spying on Your Spouse

Here is a great article from a website that I subscribe to about Divorce. This article is all about what you can and cannot do to check up on your spouse. I personally believe that respecting the privacy of your spouse is central to a solid marriage, but there appears to be a basic human desire to open Pandora's box .

If you are involved in the operation of your condominium association this is a great blog and resource. The New Jersey Cooperator I was recently quoted in an article about condo association meetings

Marciano says that in Hoboken, the "Mile-Square City" with its young population, "the vast majority of people see their condo as a temporary living arrangement and don't care to participate unless they are faced with a specific problem or an increase in fees."

but that is a shortsighted approach. Especially in today's difficult market

The most tangible benefit of owner involvement in their condo associaiton," says Marciano, "is the ounce of prevention for a pound of cure theory. If you take the management of the building seriously, it will result in a better upkeep and a higher price on resale.

It's already illegal in New Jersey to use a hand-held cell phone while driving. However, on March 1, the law finally gets the teeth it needs to mean something. Beginning that day, police will be allowed to pull over a driver just for talking on a hand-held cell phone. Currently, an officer can issue a ticket for using a cell phone while driving, but cannot pull someone over just for that offense.

Also beginning March 1, it will be illegal to text message while driving in New Jersey.

A New Year, a new Logo, we are working hard here at MarcianoLaw to be the best we can be for all our clients. Here's wishing you a healthy and prosperous New Year.

Frank Marciano and the Legal Eaqles

Start Here "Home improvement Contracting"

Obtain a written contract. Contracts for home improvement projects costing $500 or more must be written and must include the legal name and business address of the contractor as well as a start date, a completion date, a description of the work to be done, and the total price. The contract must also include the contractor’s registration number.

• Make sure all warranties and guarantees are in writing, and that the contract states name brands or quality/grades of materials to be used.

• Before you sign a contract, ask for a lien waiver. A lien waiver is a receipt that states that the workers and material suppliers will not ask you for money once you have paid the contractor. Beware if a contractor asks you to sign a statement that says you will cover the costs of materials and labor if the contractor does not pay.

• Signed contracts may be canceled by a consumer for any reason before midnight of the third business day after you receive a copy of the contract. Put the cancellation in writing and either personally deliver it to the contractor or send it registered or certified mail, return receipt requested. A photocopy of your cancellation should also be sent via regular first-class mail.

• Ensure that all applicable construction permits are obtained from the local municipality. Either the owner or a contractor acting as the owner’s agent may obtain a building permit.

• If an electrician or plumber is doing the work, the municipal permit must be signed and sealed by the New Jersey licensed electrical contractor or licensed master plumber.

• If the homeowner has hired an architect to draw up plans, the licensed architect must sign off on them. Determine from the municipality what inspections are needed and when they must be performed.

• Final inspections must be completed BEFORE final payment is made to the contractor. For information on inspections, see the notice printed in large type on the back of the construction permit.

click on image for big pop up.

Hoboken developed a reputation for being the odd stepchild of New York many years ago. With all the recent development many of Hoboken's characters have faded into memory, but some are still around and welcomed in this wonderful city of ours. But years ago the streets were agog with people who did it their way. This article is about how in 1911 Justice's of the Peace were aggressively courting the business of marrying those couple on ther verge of saying "I Do", apparently this was a big business back in the early 1900's. Th article starts off with

In Hoboken NJ, that strange jungleland where more refreshingly bizarre things have happened than were ever dreamed of in the philosophy of Shakespeare's Horatic or any one else.

and ends with a quote from the Justice of Peace who,when asked if he kissed the bride after officiating at the ceremony, said

No I don't want no experimental kissing with strange women; there's too many microbes about, so I take no chances.

This is a great example of the opposite of no-fault divorce. In today's legal system the courts are not really concerned about whose was at fault in the marriage breaking down. Here the basis for the initial filing of the divorce by the husband was the fact the his new wife was accused of indiscretions with several men. Her legal response was that her husband condoned her "indiscretions by bringing her into his room after her indiscretions. On top of that she sued her husband's parents for talking him into filing the divorce suit to begin with and she also sued for alimony. In response to that he drops the divorce suit for what must have been his fond recollection his blissful days in the Hoboken Prince George Hotel where, and I quote from a letter the wife presented of proof of his love,

"I simply dream day and might of the past and what might of been. The apartment in the Prince George Hotel and you and me living together happily. The roses in the big vase, the cigarettes in the silver box on the table and in the bedroom our two dollies, and also our little game of pinochle...The future is very black... I go to sleep at nigh with the same prayer---that I may never wake again. Your own. JOE"

Well a person can no longer sue for "alienation of affection" and "indiscretions" is not a cause for divorce. But we can only hope that the new W hotel will give us some more juicy stories like this forlorn love story of Joe and Georgia.

A common request from clients who are making their wills is the care of their pets. New Jersey is one of the few states that allow for Pet trusts. Sometimes, it is best to bequest a certain amount of money to someone you trust to take care of your loved animal but setting forth an actual trust makes the provision that more certain.

This New Jersey statute Citation: N. J. S. A. 3B:11-38 (2001) provides that a trust for the care of a domesticated animal is valid. Trusts under this section terminate when no living animal is covered by the trust, or at the end of 21 years, whichever occurs earlier. The statute also provides that no portion of the trust's principal or income may be converted to the use of the trustee or to any use other than for the benefit of the animal designated in the trust. The court may reduce the amount of the property transferred if it determines that the amount substantially exceeds the amount required for the intended use.

Recently I have been presented with clients dealing with options to renew a commercial lease. Usually these options are exercised by the Tenant with no real dispute. However, in one case the language to renew stated that the tenant had to "give written notice to renew within 60 days of the end of the lease” Well, at the end of the original lease term, when the tenant went to pay the rent the landlord refused the rent stating that the tenant had not renewed the lease within 60 days and that he was going to double the rent. The tenant promptly gave written notice that he was going to renew the lease; it was 20 days after the lease ended, but while the tenant was still in possession.

The question is what does "within" mean? In this case the landlord drafted the rider to the lease which contained this language. Since the renewal of the lease is for 10 years the definition of the word "within" is literally a million dollar question. This is a perfect example of how important precision in language is in contractual agreements. Since the word "within" can mean both before and after the lease ending date, the tenant will most likely win, especially since there are other words that could have supported the Landlord’s intention such as prior, before or preceding.

If you’re a commercial tenant with a long term lease it is best to change any option to renew clause to an automatic renewal unless notice is given by tenant to not renew the lease. In today’s world with lease prices always escalating it is very rare for a tenant not to renew a lease.

And don’t be penny wise and pound foolish, if you’re entering into a lease be sure to have it reviewed by an attorney experienced in such matters.

WebUrbanist ｻ Urban Ecological Subversion: The Art of Guerrilla Gardening in Public Spaces

Why stop at parks, lets make the whole City come alive, The trees on First Street are a great example of how a city landscape is enhanced with natural growth. When a tree in front of my office had to be removed because the roots were upending the sidewalk, we had to go through a process with the City that ensured a new tree, that would prosper in a city environment, would be planted in place of the tree removed. The city was really proactive in the process and in fact has a Shade Tree Commission that oversees the care of trees throughout the city.

Hoboken also has a RainForest Protection Ordinance that does it part to ensure that the City of Hoboken use wood that was harvested in an environmentally sound manner.

Way to go Hoboken !

As we all know, along with the month of November comes one of our favorite days of the year. No, not Thanksgiving, ELECTION DAY! In the recent election on November 6th, voters were asked to decide whether creating new parks and athletic fields in Hoboken was a good idea or not. The majority of voters chose to vote yes, which will enable the Hoboken City Council to create a trust fund for the purpose of constructing these new parks. This fund will be a local Open Space Trust Fund and it will allow Hoboken to access 75% matching grant funds from state Green Acres as well as create opportunities for substantial funding from other sources.

Here are some highlights of the new law:
•The Hoboken Open Space Trust will be funded by a new annual levy on owners of
Hoboken real property of up to 2 cents per $100 of the assessed value of the real
property. On average homeowners would pay about $60 per year.
•This new law and trust fund will NOT give the Council new power to raise taxes. The
park funds will be legally separate and will be unavailable to use for other spending.
•Hoboken ranks last in New Jersey in the amount of open space for its population. While people continue to move to Hoboken, that space will shrink to even smaller proportions, and this law and trust fund will not only provide more open area for the people that already live in Hoboken, but to new residents as well. In addition, having this seed money will leverage millions of dollars for parks from New Jersey Green Acres and other sources.

For more information visit Hoboken Open Space Trust Fund website.