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Chancery Court Litigation
NJ Chancery Court Litigation Lawyers
The New Jersey law firm of LoFaro & Reiser, LLP represents businesses and individuals in litigation before the Superior Court of New Jersey, Chancery Court. Unlike the Law Division of the Superior Court where litigants are seeking primary relief in the form of money damages, the Chancery Court is appropriate for cases where the primary relief sought is equitable. Also, in Chancery Court there is no right to a jury trial. Rather, the judge decides the case in a bench trial.
There are 2 separate divisions in the Chancery Court: 1) General Equity, and 2) Probate. The Chancery Court’s jurisdiction to grant relief as to each division is generally described as follows:
General Equity Part
- Specific Performance. Enforce the performance of contracts, trusts and fiduciary obligations
- Reformation and Rescission of Contracts. Re-execute or correct instruments lost or erroneously drafted
- Fraudulent Asset Transfers. Set aside transactions that were illegal, fraudulent, etc
- Emergent Relief. Stop actions that will cause irreparable harm; i.e., requesting preliminary injunctions or other emergent relief
- Foreclosures. Mortgage foreclosure, and tax foreclosures involving real estate
- Actions to quite title disputes concerning real estate
- Partition of Real Estate. The Chancery Court has the equitable power under New Jersey law to divide land and split it among co-owners such as tenants in common.
- Business Divorce Cases. Partnership and shareholder disputes
- Restrictive Covenants. Enforcement of restrictive employment covenants, and covenants not to compete
- Execute wills
- Distribute Estates
- Protect infants or persons with mental incompetence
- Complete gifts according to the donor’s intent
Examples of Chancery Cases Handled by LoFaro & Reiser, LLP
Our NJ Chancery Court litigation attorneys have handled a variety of complex matters. Appearing below are some examples of the types of Chancery cases we have handled and the results achieved.*
- Successfully representing shareholders of a closely held business in a suit to enforce a restrictive employment covenant against the company’s president who was found to have opened a competing business and was accepting kickbacks from vendors during his employment. McAlpine, et al. vs. Tomafsky, et al., Superior Court of New Jersey, Chancery Division, Bergen County, Docket No.: C-320-09.
- Successfully representing the co-owner of real estate in a partition action against her brothers who were refusing to pay their proportionate share of the property’s mortgage and expenses, and were demanding an outrageous price to sell their ownership interests. Chedid v. Chedid, Superior Court of New Jersey, Chancery Division, Bergen County, Docket No.: C-25-12.
- Successfully representing the owner of an Internet business in a suit against a hosting company for intentionally disabling his website over a billing dispute. Tollfreenumbers.com vs. Guardian Digital, Inc., Superior Court of New Jersey, Chancery Division, Bergen County, Docket No.: C-311-09.
- Vacating a tax foreclosure judgment entered against our client’s residence resulting in saving the property. Royal Tax Lien Services, Inc. vs. Arik, et al., Superior Court of New Jersey, Chancery Division, Bergen County, Docket No.: F-7409-11.
- Vacating a sheriff’s sale of property on behalf of our client due to the bank’s failure to provide her with written notice of the adjourned sale date. Greenmountain Finance Fund, LLC vs. Panatlone, Superior Court of New Jersey, Chancery Division, Bergen County, Docket No.: F-40355-10.
If you or your business needs assistance with a Chancery Court case, please contact our NJ Chancery Court litigation attorneys today.
*Disclaimer: The results of any reported case appearing on our website is for informational purposes only. Past success in litigation does not guarantee success in any new or future lawsuit. No website is a substitute for competent legal advice regarding the facts of your particular case. If you think you have a case, you should talk to an attorney as soon as possible, as there are time limits within which you may be required to file a lawsuit or make a claim. This website is not intended to provide examples of all the remedies that may be available to you under any applicable state and/or federal laws, nor is it intended to explain every detail of the laws or their interpretations by courts of relevant jurisdictions. No lawyer or law firm can guarantee in advance the results of any potential case or claim.