Menake v Menake, 348 N.J.Super. (App.Div. 2002)
Feb 22, 2002OUTCOME: Reversed and remanded for further proceedings.
Appeal arising from post-matrimonial dispute over defendant's entitlement to a portion of plaintiff's define-benefits pension.
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OUTCOME: Reversed and remanded for further proceedings.
Appeal arising from post-matrimonial dispute over defendant's entitlement to a portion of plaintiff's define-benefits pension.
OUTCOME: Lower Court's determination (order) affirmed, that the Legislature did not intend that N.J.S.A. 52:4B-26 et seq. apply to contracts entered into before the effective date of the statute, January 26, 1983.
The issue is whether funds received as royalties under the assignment of the Kallinger-Schreiber contract must be paid to the Violent Crimes Compensation Board pursuant to New Jersey's so-called Son ... of Sam law adopted and effective in 1983. L. 1983, c. 33; N.J.S.A. 52:4B-26 et seq. See also, 211 N.J. Super. at 33-34 and at 41-45.
OUTCOME: Liberty's motion for summary judgment on the punitive damages issue granted and the like motions in opposition denied.
Declaratory judgment action brought to compel an insurance company to indemnify and/or defend its insured against certain automobile negligence actions, pending the outcome of the case. The insurer, L ... iberty Mutual Insurance Company had contended that the accident in question did not fall within the coverage provided by the automobile liability policy. Upon earlier motions for summary judgment, this court found that the policy did provide coverage. The motions for summary judgment raised the unique issue of whether punitive damages could be assessed against Liberty. The court had already awarded counsel fees.