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· 6/17/2010

Estate of Schneider v. Finmann

Citations

  • 933 N.E.2d 718
  • 15 N.Y.3d 306
  • 907 N.Y.S.2d 119

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

  • holding that a nonclient estate could maintain a malpractice claim against the estate-planning attorney
  • holding that only the client and the client's estate may sue a drafter of testamentary documents for legal malpractice
  • holding that the personal representative has sufficient privity with a decedent’s attorney to maintain a legal-malpractice action for damages resulting from negligent estate planning, which allegedly caused en hanced estate-tax liability
  • noting that only minority of jurisdictions apply strict privity rule in estate plan- ning contexts
  • noting that a decedent's estate \stands in the shoes of the decedent\
  • \Relaxing privity to permit third parties to commence professional negligence actions against estate planning attorneys would produce undesirable results- uncertainty and limitless liability.\

Source: CourtListener parenthetical corpus (CC0).

Judges: Jones

Read full opinion on CourtListener

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.