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GOOD OLD DAYS TAVERN, INC. v. ZWIRN

259 A.D.2d 300 (1999)

686 N.Y.S.2d 414

GOOD OLD DAYS TAVERN, INC., et al., Respondents-Appellants, v. GERARD ZWIRN et al., Appellants-Respondents.

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

Decided March 9, 1999.

While privity of contract is generally necessary to state a cause of action for attorney malpractice, liability is extended to third parties, not in privity, for harm caused by professional negligence in the presence of fraud, collusion, malicious acts or other special circumstances (see, Town Line Plaza Assocs. v Contemporary Props., 223 A.D.2d 420; Estate of Spivey v Pulley, 138 A.D.2d 563

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