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Bishop v. Maurer
9 N.Y.3d 910
NY
2007
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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.

Case Details

Case Name: Bishop v. Maurer
Court Name: New York Court of Appeals
Date Published: Sep 18, 2007
Citation: 9 N.Y.3d 910
Court Abbreviation: NY
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