Pascale v. Pascale

John J. Pascale (plaintiff) founded a successful business, Quality Tool & Die Company Inc. (Quality). John was a domineering father and crafty businessman, and he had a close relationship with his son David Pascale (defendant), who worked for John. In 1975 John executed a will leaving everything to David. Later John asked another attorney, Bernard Berkowitz, to prepare an estate plan in which David would get everything with as little tax liability as possible. John instructed Berkowitz to deal primarily with David. Under Berkowitz’s plan, which he discussed with John, all of John’s business assets would be transferred to David, including all Quality stock. David, John’s accountant, and Berkowitz believed that John understood the plan meant David would have complete control of Quality. John executed the transfers, and on the same day, David executed a will prepared by Berkowitz. For a while, things continued as before, but in October 1981, David and John got into a dispute. David forced John to leave the Quality premises and eventually terminated John’s salary. John filed suit seeking a rescission of the gift, claiming that he and David had a confidential relationship, Berkowitz had a conflict of interest, and John’s gift to David was the result of undue influence. The trial court dismissed John’s complaint, and the appellate court reversed. David appealed.