John J. Pascale, Sr., Plaintiff-Respondent v. David P. Pascale and Quality Tool & Die Co., Inc…

Summary

The Supreme Court of New Jersey reversed the Appellate Division and reinstated the trial court's judgment, holding that a confidential relationship existed between father and son, creating a presumption of undue influence that placed the burden on the son to prove the father understood the transfers; the attorney had a conflict of interest; and the son satisfied that burden, so the transfers were valid.