BOWER v. THE ESTAUGH


146 N.J. Super. 116 (1977)

369 A.2d 20

PATRICIA E. BOWER, EXECUTRIX OF THE ESTATE OF JEAN K. PEDLOW, DECEASED, PLAINTIFF-APPELLANT, v. THE ESTAUGH, A CORPORATION OF THE STATE OF NEW JERSEY, DEFENDANT-RESPONDENT.

Superior Court of New Jersey, Appellate Division.

Decided January 7, 1977.


Attorney(s) appearing for the Case

Mr. Edward Suski, Jr., argued the cause for the appellant (Messrs. Wilinski, Suski, Scott & Cahill, attorneys).

Mr. William J. Cook argued the cause for the respondent (Messrs. Brown, Cannery, Kulp, Wille, Purnell & Greene, attorneys; Mr. Steven J. Misner, on the brief).

Before Judges FRITZ, CRAHAY and ARD.


PER CURIAM.

Suit was instituted by plaintiff seeking return of a community entry fee of $16,750 paid by decedent to defendant nursing home under the terms of a life-care agreement. Defendant's answer denied plaintiff's claims of illegality and asserted its right to retain the monies pursuant to the terms of the contract.

Subsequently motions for summary judgment were filed by both parties and, after argument, judgment was granted on behalf of defendant. Plaintiff...

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