LEMELLEDO v. BENEFICIAL MANAGEMENT


289 N.J. Super. 489 (1996)

674 A.2d 582

JEANNE C. LEMELLEDO, ON BEHALF OF HERSELF AND ALL OTHERS SIMILARLY SITUATED, PLAINTIFF-APPELLANT, v. BENEFICIAL MANAGEMENT CORP. OF AMERICA AND BENEFICIAL NEW JERSEY, INC., DEFENDANTS-RESPONDENTS.

Superior Court of New Jersey, Appellate Division.

Decided: April 19, 1996.


Attorney(s) appearing for the Case

Michael D. Donovan (Chimicles, Jacobsen & Tikellis) of the Pennsylvania bar, admitted pro hac vice, argued the cause for appellant (Tomar, Simonoff, Adourian, O'Brien, Kaplan, Jacoby & Graziano, attorneys; Charles N. Riley and Donna Siegel Moffa on the brief).

Burt M. Rublin (Ballard, Spahr, Andrews & Ingersoll) of the Pennsylvania bar, admitted pro hac vice, argued the cause for respondents (Archer & Greiner, attorneys; Sean T. O'Meara on the brief).

Jamieson, Moore, Peskin & Spicer filed a brief amici curiae for the New Jersey Bankers Association and New Jersey Financial Services Association (Michael F. Spicer on the brief).

Before Judges STEIN, KESTIN and CUFF.


The opinion of the court was delivered by ARNOLD M. STEIN, J.A.D.

Plaintiff Jeanne C. Lemelledo filed a class action against defendants Beneficial Management Corp. of America and Beneficial New Jersey, Inc., (collectively "Beneficial") claiming Beneficial violated the Consumer Fraud Act, the Consumer Loan Act and the criminal usury statute. Lemelledo also alleged breach of contract, conversion and common law fraud. The Law Division judge granted Beneficial's motion...

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