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Bishop v. Maurer

875 N.E.2d 883, 9 N.Y.3d 910, 844 N.Y.S.2d 165
CourtNew York Court of Appeals
DecidedSeptember 18, 2007
StatusPublished
Cited by22 cases

This text of 875 N.E.2d 883 (Bishop v. Maurer) is published on Counsel Stack Legal Research, covering New York Court of Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Bishop v. Maurer, 875 N.E.2d 883, 9 N.Y.3d 910, 844 N.Y.S.2d 165 (N.Y. 2007).

Opinion

OPINION OF THE COURT

Memorandum.

The order of the Appellate Division should be affirmed, with *911 costs, and the certified question not answered on the ground that it is unnecessary. It is true that plaintiffs here, as is normally the case, are bound by the estate planning documents decedent signed. Nevertheless, the conclusiveness of the underlying agreement does not absolutely preclude an action for professional malpractice against an attorney for negligently giving to a client an incorrect explanation of the contents of a legal document (see Arnav Indus., Inc. Retirement Trust v Brown, Raysman, Millstein, Felder & Steiner, 96 NY2d 300, 305 [2001]). Here, however, plaintiffs’ complaint is devoid of any nonconclusory allegation that incorrect advice was given.

Chief Judge Kaye and Judges Ciparick, Graffeo, Read, Smith, Pigott and Jones concur in memorandum.

On review of submissions pursuant to section 500.11 of the Rules of the Court of Appeals (22 NYCRR 500.11), order affirmed, etc.

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Bluebook (online)
875 N.E.2d 883, 9 N.Y.3d 910, 844 N.Y.S.2d 165, Counsel Stack Legal Research, https://law.counselstack.com/opinion/bishop-v-maurer-ny-2007.