385. American Nurses Ass’n. v. Passaic Gen. Hosp., 192 N.J. Super. 486 (App. Div. 1984). 386. American Nurses Ass’n. v. Passaic Gen. Hosp., 192 N.J. Super. 486, 495 (App. Div. 1984). 387. Klein v. Bristol Glen Inc., No. A-1382-08T3, 2010 N.J. Super. Unpub. LEXIS 1868 (N.J. Super. App. Div. Aug. 4, 2010). 388. Klein v. Bristol Glen Inc., No. A-1382-08T3, 2010 N.J. Super. Unpub. LEXIS 1868, at *7-8 (N.J. Super. App. Div. Aug. 4, 2010). refused to produce this discovery, and the motion judge nevertheless granted defendant’s motion for summary judgment. The motion judge determined that defendant was a “charitable organization” pursuant to N.J.S.A. 2A:53A-7 and -9 and was “formed for non-profit purposes, organized as religious and charitable operations, and were promoting such activities at the time of the injury sustained.”389 The appeal raised the question: What is a charity? The discovery that had been provided revealed that residents paid up to $3,513 per month, an entrance fee between $199,700 to $319,000, or a nonrefundable entrance fee between $126,600 to $227,100. However, once a resident was accepted into the community they would not have to leave if they could no longer pay. The Klein Court deemed it significant that charitable donations made up only 0.8 percent of the operating budget of defendant. In reversing, the Appellate division first observed that where a defendant seeks the protection of the Act based on its status as an entity organized exclusively for charitable purposes, courts must undertake the fact-sensitive analysis.390 The Klein Court noted that in Abdallah v. Occupational Ctr. of Hudson County, Inc.,391 a non-profit entity relied on charitable donations equal to one-and-a-half percent of the institution’s total revenue and that was deemed “too insignificant” to accord it charitable status. In most significant language that will apply to the
385. American Nurses Ass’n. v. Passaic Gen. Hosp., 192 N.J. Super. 486 (App. Div. 1984). 386. American Nurses Ass’n. v. Passaic Gen. Hosp., 192 N.J. Super. 486, 495 (App. Div. 1984). 387. Klein v. Bristol Glen Inc., No. A-1382-08T3, 2010 N.J. Super. Unpub. LEXIS 1868 (N.J. Super. App. Div. Aug. 4, 2010). 388. Klein v. Bristol Glen Inc., No. A-1382-08T3, 2010 N.J. Super. Unpub. LEXIS 1868, at *7-8 (N.J. Super. App. Div. Aug. 4, 2010). refused to produce this discovery, and the motion judge nevertheless granted defendant’s motion for summary judgment. The motion judge determined that defendant was a “charitable organization” pursuant to N.J.S.A. 2A:53A-7 and -9 and was “formed for non-profit purposes, organized as religious and charitable operations, and were promoting such activities at the time of the injury sustained.”389 The appeal raised the question: What is a charity? The discovery that had been provided revealed that residents paid up to $3,513 per month, an entrance fee between $199,700 to $319,000, or a nonrefundable entrance fee between $126,600 to $227,100. However, once a resident was accepted into the community they would not have to leave if they could no longer pay. The Klein Court deemed it significant that charitable donations made up only 0.8 percent of the operating budget of defendant. In reversing, the Appellate division first observed that where a defendant seeks the protection of the Act based on its status as an entity organized exclusively for charitable purposes, courts must undertake the fact-sensitive analysis.390 The Klein Court noted that in Abdallah v. Occupational Ctr. of Hudson County, Inc.,391 a non-profit entity relied on charitable donations equal to one-and-a-half percent of the institution’s total revenue and that was deemed “too insignificant” to accord it charitable status. In most significant language that will apply to the