Appellate Division, Second Department, in Brooklyn. (Photo: David Handschuh/NYLJ) 2nd Department Upholds $1.8M Malpractice Award Against Upstate Attorney in Executor Case, Even Absent Privity
"Although an attorney representing the executor of an estate, generally, is not liable to the beneficiaries of the estate, as the attorney does not represent the estate itself, when fraud, collusion, malicious acts, or other special circumstances exist, an attorney may be liable to ... for harm caused by professional negligence," the Second Department justices wrote.
January 03, 2023 at 02:02 PM
4 minute read
Trusts and Estates
Citing an exception of "special circumstances," a state appeals court has upheld a $1.8 million malpractice judgment against a New York lawyer awarded to the substitute executor of an estate, who is also the deceased's daughter, even though the attorney had no privity with the estate.
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