PASCALE v. PASCALE


216 N.J. Super. 133 (1987)

523 A.2d 233

JOHN J. PASCALE, SR., PLAINTIFF-APPELLANT, v. DAVID P. PASCALE, ET AL., DEFENDANTS-RESPONDENTS.

Superior Court of New Jersey, Appellate Division.

Decided March 18, 1987.


Attorney(s) appearing for the Case

Edward N. Fitzpatrick argued the cause for appellant (Clapp & Eisenberg, attorneys; John A. Avery, on the brief).

James A. Scarpone argued the cause for respondents, David P. Pascale and Quality Tool & Die Co., Inc. (Scarpone and Edelson, attorneys; James A. Scarpone and Mark A. Fury, on the brief).

Steven D. Fleissig argued the cause for respondent, JBS (Kalb, Friedman and Siegelbaum, attorneys; Steven D. Fleissig, on the brief).

Walter E. Monaghan argued the cause for respondent, BSB (Haggerty & Donohue, attorneys; Walter E. Monaghan, on the brief).

Before Judges DREIER, SHEBELL and STERN.


The opinion of the court was delivered by SHEBELL, J.A.D.

Plaintiff, John J. Pascale, Sr., appeals the Chancery Division's refusal after trial to set aside certain transfers he had made to his son, David P. Pascale. The then seventy year old plaintiff asserts that this son stood in a confidential relationship whereby plaintiff relied upon him to handle his finances and to arrange for the handling of his legal affairs. Plaintiff contends that because of his attorney...

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