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BISHOP v. MAURER

9 N.Y.3d 910 (2007)

875 N.E.2d 883

844 N.Y.S.2d 165

LISA BISHOP et al., Appellants, v. RONA MAURER, Defendant, and GOODKIND LABATON RUDOFF & SUCHAROW, LLP, et al., Respondents.

Court of Appeals of the State of New York.

Decided September 18, 2007.

Attorney(s) appearing for the Case

Lawrence H. Silverman, New York City, for appellants.

Simpson Thacher & Bartlett LLP, New York City (Roy L. Reardon of counsel), for respondents.

Chief Judge KAYE and Judges CIPARICK, GRAFFEO, READ, SMITH, PIGOTT and JONES concur in memorandum.

OPINION OF THE COURT

MEMORANDUM.

The order of the Appellate Division should be affirmed, with costs, and the certified question not answered on the ground that it is unnecessary. It is true that plaintiffs here, as is normally the case, are bound by the estate planning documents decedent signed. Nevertheless, the conclusiveness of the underlying agreement does not absolutely preclude an action for professional malpractice...

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