Legal Opinion
Howard v. Murray
New York Court of Appeals
Decided February 19, 1976PublishedCited by 28 opinions
1Opinion of the CourtWachtler, J.
Plaintiffs commenced this action to rescind a mortgage, bond and related agreements. After a trial it was held that an attorney-client relationship existed between the parties, but that the defendant attorney had "sustained the burden of proving the fairness of the transaction and that his clients understood the terms of the transaction.” By a divided court the Appellate Division affirmed solely on the ground that the plaintiffs’ action was barred by the Statute of Limitations.
In 1958 the plaintiff George Howard, suffering from a heart condition, decided to retire to Florida. At that time he…
2Cases cited4 opinions
- Whitehead v. . KennedyNew York Court of Appeals · 1877
- Niagara Falls Power Co. v. WhiteNew York Court of Appeals · 1944
- Ford v. . ClendeninNew York Court of Appeals · 1915
- Helterline v. PeopleNew York Court of Appeals · 1946
3Cited by28 opinions
- Greene v. GreeneNew York Court of Appeals · 1982
- West 14th Street Commercial Corp. v. 5 West 14th Owners Corp.Court of Appeals for the Second Circuit · 1987
- Barberan v. NationpointDistrict Court, S.D. New York · 2010
- Mar Oil, S.A., Plaintiff-Appellee-Cross-Appellant v. Francis X. Morrissey, Jr., Defendant-Appellant-Cross-AppelleeCourt of Appeals for the Second Circuit · 1993
- Griffin v. PanzarinAppellate Division of the Supreme Court of the State of New York · 2003
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