Schneider v. Finmann

933 N.E.2d 718 (2010)

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Schneider v. Finmann

New York Court of Appeals
933 N.E.2d 718 (2010)

SC

Facts

Victor Finmann (defendant) represented Saul Schneider. Schneider purchased a life-insurance policy and transferred the interest in the policy among various entities that he owned and then back to himself. After Schneider died, Schneider’s personal representative (plaintiff) sued Finmann for legal malpractice, claiming that Finmann was negligent in his legal advice with respect to the policy because the transfers resulted in increased estate taxes. The New York Supreme Court granted Finmann’s motion to dismiss for failure to state a claim. The appellate court affirmed. Schneider’s personal representative appealed.

Rule of Law

Issue

Holding and Reasoning (Jones, J.)

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Casebooks

Wills, Trusts, and Estates

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