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PASCALE v. PASCALE

113 N.J. 20 (1988)

549 A.2d 782

JOHN J. PASCALE, SR., PLAINTIFF-RESPONDENT, v. DAVID P. PASCALE AND QUALITY TOOL & DIE CO., INC., DEFENDANTS-APPELLANTS, AND BENNETT J. SCHWARTZ AND BERNARD S. BERKOWITZ, DEFENDANTS.

The Supreme Court of New Jersey.

Decided October 17, 1988.

Attorney(s) appearing for the Case

James A. Scarpone argued the cause for appellants (Scarpone & Edelson, attorneys).

Edward N. Fitzpatrick argued the cause for respondent (Clapp & Eisenberg, attorneys).

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

Plaintiff, John J. Pascale (Pascale), seeks to set aside a transfer of stock and real estate to his son David P. Pascale (David). Pascale contends that a confidential relationship existed between him and David and that the same attorney advised both of them in connection with the transfer. The issue is whether the transfers are invalid because David exercised undue influence...

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