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AM. NAT'L BANK & TRUST v. PRESBYTERIAN HOMES

148 N.J. Super. 465 (1977)

372 A.2d 1147

AMERICAN NATIONAL BANK AND TRUST OF NEW JERSEY AND WILLIAM C. GABRIELSEN, EXECUTORS OF THE LAST WILL AND TESTAMENT OF HELEN A. GABRIELSEN, PLAINTIFFS-RESPONDENTS, CROSS-APPELLANTS, v. PRESBYTERIAN HOMES OF NEW JERSEY, DEFENDANT-APPELLANT, CROSS-RESPONDENT.

Superior Court of New Jersey, Appellate Division.

Decided March 14, 1977.

Attorney(s) appearing for the Case

Mr. Arthur S. Lane argued the cause for appellant (Messrs. Smith, Stratton, Wise and Heher, attorneys; Ms. Ann Reichelderfer on the brief).

Mr. James E. Davidson argued the cause for respondents (Messrs. Farrell, Curtis, Carlin, Davidson and Mahr, attorneys; Mr. Gerard E. Hanlon on the brief).

Mr. Stephen D. Berger, attorney for New Jersey Association of Non-Profit Homes for the Aging, submitted a brief amicus curiae.

Before Judges LORA, CRANE and MICHELS.

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

Plaintiffs, co-executors of the estate of Helen A. Gabrielsen, on September 25, 1974 filed a complaint against defendant seeking the return of the $33,000 capital fee paid by decedent when she became a resident of Meadow Lakes, a retirement community owned and operated by defendant, as well as other statutory remedies. The complaint alleged that defendant had violated the Retirement Community Full Disclosure...

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