Pascale v. Pascale

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 over Pascale.

In an unreported opinion, the trial court dismissed Pascale’s complaint, finding that he fully understood the transfers and that they were untainted by…