NEMBACH v. GIAIMO & VREEBURG


209 A.D.2d 222 (1994)

618 N.Y.S.2d 307

Laura D. Nembach et al., as Coexecutrices of Catherine S. Drummond, Deceased, Respondents, v. Giaimo & Vreeburg et al., Respondents, and Koopersmith, Feigenbaum & Potruch, et al., Appellants

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

November 10, 1994


The IAS Court properly concluded that plaintiffs have a viable claim for legal malpractice in their capacity as representatives of decedent's estate. As duly appointed representatives of the estate, plaintiffs are entitled to commence an action "for injury to person or property" following "the death of the person in whose favor the cause of action existed" (EPTL 11-3.2 [b]). A legal malpractice claim survives a client's death and may be prosecuted by the client's estate representative...

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