New Jersey State Bar Association Headquarters, New Brunswick, NJ. Credit: Google
Supreme Court to consider mandatory attorney review, equitable defenses in palimony agreements
The New Jersey State Bar Association (NJSBA) is once again participating as amicus curiae to argue the parameters of palimony agreements in light of a 2010 amendment to New Jersey’s statute of frauds mandating that they be in writing. In the matter of Moynihan v. Lynch, the NJSBA urges the Supreme Court to overturn the Appellate Division’s decision that failing to obtain attorney review of the agreement is a bar to enforcement of its terms despite evidence of promissory estoppel and partial performance. The brief was written by the NJSBA’s Family Law Section chair, Robin C. Bogan, of Pallarino & Bogan LLP; Brian G. Paul, of Szaferman Lakind; and past chair of the Family Law Section, Brian M. Schwartz, of Schwartz Vinhal & Lomurro.
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