HOWARD v. MURRAY


38 N.Y.2d 695 (1976)

George M. Howard et al., Appellants-Respondents, v. William E. Murray, Respondent-Appellant.

Court of Appeals of the State of New York.

Decided February 19, 1976.


Attorney(s) appearing for the Case

Jerome R. Halperin, P. C., for appellants-respondents.

Archibald A. Patterson for respondent-appellant.

Chief Judge BREITEL and Judges JASEN, GABRIELLI, JONES, FUCHSBERG and COOKE concur.


WACHTLER, J.

Plaintiffs commenced this action to rescind a mortgage, bond and related agreements. After a trial it was held that an attorney-client relationship existed between the parties, but that the defendant attorney had "sustained the burden of proving the fairness of the transaction and that his clients understood the terms of the transaction." By a divided court the Appellate Division affirmed solely...

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