SCHNEIDER v. FINMANN

No. 104

15 N.Y.3d 306 (2010)

933 N.E.2d 718

907 N.Y.S.2d 119

ESTATE OF SAUL SCHNEIDER, Deceased, Appellant, v. VICTOR M. FINMANN et al., Respondents, et al., Defendant.

Court of Appeals of New York.

Decided June 17, 2010.


Attorney(s) appearing for the Case

Nicholas J. Damadeo, P.C., Huntington ( Nicholas J. Damadeo of counsel), for appellant.

Cullen and Dykman LLP, Garden City ( Peter J. Mastaglio and Justin F. Capuano of counsel), for respondents.

Chief Judge LIPPMAN and Judges CIPARICK, GRAFFEO, READ, SMITH and PIGOTT concur.


OPINION OF THE COURT

JONES, J.

At issue in this appeal is whether an attorney may be held liable for damages resulting from negligent representation in estate tax planning that causes enhanced estate tax liability. We hold that a personal representative of an estate may maintain a legal malpractice claim for such pecuniary losses to the estate.

The complaint alleges the following facts. Defendants...

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