Eric D. Reiser and the attorneys of LoFaro & Reiser, LLP represent 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. Our firm represents clients in each division of the Chancery Court and handles the following type of actions:
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
- Quite Title. 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
- Acceptance of Court Appointments. Acceptance of court appointments as special fiscal agent, receiver and provisional director
- Estate Litigation. Litigation on the interpretation of Wills, trusts, and beneficiary designations. Actions to enforce or invalidate Wills and nontestamentary gifts and transfers where undue influence and incapacity are at issue
- Estate Administration. Assisting executors, administrators and trustees with the administration of estates, including counsel on investment decisiosn and assment of claims by beneficiaries and creditors
- Contested Guardianships. Filing petitions to obtain guardianship of an adult or infant that is disabled or incapacitated under the law
- Counsel for Guardians. Assisting court appointed guardians with legal issues that arise during guardianship, including sale of ward’s property and preparing inventories and accountings of financial activity
- Acceptance of Court Appointments. Acceptance of appointments by probate judges as counsel and guardians
Eric is a former Chancery law clerk and regularly appears in the Chancery courts throughout the State. Eric has also been the recipient of several judicial appointments in the Chancery Division, most recently as court appointed counsel and guardian ad litem for mentally incapacitated individuals. Eric is also a candidate for judicial appointments in complex commercial litigation matters as a special fiscal agent, receiver and provisional director.
For further information on this topic or to discuss your case, please contact Eric D. Reiser.