ONDERDONK v. PRESBYTERIAN HOMES OF N.J.


85 N.J. 171 (1981)

425 A.2d 1057

PAUL T. ONDERDONK, RALPH S. ALEXANDER, HELEN S. CRITES, BERTHA M. FRICK, FLORENCE HAY AND MARIE H. LUND, INDIVIDUALLY AND AS REPRESENTATIVES AND MEMBERS OF THE EXECUTIVE COMMITTEE OF MEADOW LAKES RESIDENTS FORUM, AN UNINCORPORATED ASSOCIATION, AND AS MEMBERS OF A CLASS CONSISTING OF MEADOW LAKES RESIDENTS, PAST, PRESENT AND FUTURE; WILLIAM LICHTENFELS, LAURA B. SMITH, GERTRUDE P. YOUNG, MARY L. FREEMAN, J. ARTHUR PLANTEROTH, JANE SMITH, MARGARET S. SMITH AND FRANK E. STEVENS, INDIVIDUALLY AND AS MEMBERS OF MEADOW LAKES RESIDENTS FORUM, AN UNINCORPORATED ASSOCIATION, AND AS MEMBERS OF A CLASS CONSISTING OF MEADOW LAKES RESIDENTS, PAST, PRESENT AND FUTURE, PLAINTIFFS-APPELLANTS, v. THE PRESBYTERIAN HOMES OF NEW JERSEY, A CORPORATION OF THE STATE OF NEW JERSEY, NOT FOR PROFIT, ELLIS G. WILLARD, GEORGE A. VORSHEIM, MRS. ROBERT T. MANDLE, CLARENCE L. LECRONE, JOHN S. ROGGE, L. RODNEY BOAZ, C. LINCOLN McGEE, FRED APPLEBOHM, ROBERT C. THOMSON, MAURICE E. FARR, G. HALE BUCHER, HARRY T. TIEDACK, GEORGE A. SLEMMER, C. DICKEY DYER, JOSEPH H. BRADY, H. ROSS PINKNEY, DAVID L. CRAWFORD, JOHN E. SLATER, JR., JOHN A. VERMEULEN, FRED BENSON, MRS. JOHN K. HIGHBERGER, MRS. GUY H. HASKINS, MRS. GEORGE HERBERT, FRANK NOLT, ARTHUR CURTISS, AS PAST OR PRESENT MEMBERS OF THE BOARD OF TRUSTEES OF SAID CORPORATION, AND EDWARD HESS, DEFENDANTS-RESPONDENTS.

The Supreme Court of New Jersey.

Decided February 2, 1981.


Attorney(s) appearing for the Case

Robert C. Neff argued the cause for appellants (Shanley & Fisher, attorneys).

Garrett M. Heher argued the cause for respondents (Smith, Stratton, Wise and Heher, attorneys; Garrett M. Heher and Alexander P. Waugh, Jr., on the briefs).

Chester Apy submitted a brief on behalf of amici curiae American Association of Homes for the Aging and the New Jersey Association of Non-Profit Homes for the Aging, Inc. (Abramoff, Apy, Fox & Zaro, attorneys).


The opinion of the Court was delivered by SCHREIBER, J.

This suit involves the legal relationship of the parties to what is commonly referred to as a "life-care" contract. Defendant Presbyterian Homes of New Jersey (Homes), a non-profit corporation organized under Title 15 of the New Jersey Statutes,1 operates a retirement community known as Meadow Lakes Village (Meadow Lakes) located in Hightstown, New Jersey. Plaintiffs, fourteen residents...

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