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ROSSI v. BOEHNER

116 A.D.2d 636 (1986)

William Rossi et al., Appellants, v. Donald H. Boehner, Respondent

Appellate Division of the Supreme Court of the State of New York, Second Department.

January 21, 1986

Order affirmed, with costs.

We agree with Special Term that the circumstances herein do not constitute a basis for departing from the general rule that "absent privity of contract, the simple omission by an attorney to prepare a new will or codicil naming a new beneficiary of some part of the decedent's estate does not, by itself, render the attorney liable to the alleged beneficiary" (Victor v Goldman,

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