HOWARD v. MURRAY


43 N.Y.2d 417 (1977)

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

Court of Appeals of the State of New York.

Decided December 21, 1977.


Attorney(s) appearing for the Case

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

Archibald A. Patterson for respondent.

Chief Judge BREITEL and Judges GABRIELLI and COOKE concur with Judge WACHTLER; Judge JONES dissents and votes to affirm in a separate opinion in which Judges JASEN and FUCHSBERG concur.


WACHTLER, J.

This action to rescind a mortgage, bond and option arrangement is now before our court for the second time. In essence, the plaintiffs claim that the defendant, an attorney specializing in tax law, took unfair advantage of the attorney-client relationship in contriving the agreements now sought to be avoided.

On the first appeal, we were not directly presented with the trial court's asserted...

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