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CELESTE ROVELLO, ETC., ET AL., appellants, v. DONALD S. KLEIN, respondent, ET AL., defendants.

DECISION ORDER

ORDERED that the order is affirmed, with costs.

It is well established that, with respect to attorney malpractice, absent fraud, collusion, malicious acts, or other special circumstances, an attorney is not liable to third parties, not in privity, for harm caused by professional negligence (see Conti v. Polizzotto, 243 A.D.2d 672; Council Commerce Corp. v. Schwartz, Sachs Kamhi, 144 A.D.2d 422). Construing the allegations of the complaint in the light most favorable to the plaintiffs, as we must on a motion pursuant to CPLR 3211 to dismiss for failure to state a cause of action (see Leon v. Martinez, 84 N.Y.2d 83), we agree with the Supreme Court that the plaintiffs failed to allege specific facts from which the existence of privity between the parties could be inferred. Here, the defendant Donald S. Klein was retained as the attorney for the administrator of the estate of Jack Rovello and, as such, had no attorney-client relationship with the beneficiaries of the estate (see Kramer v. Belfi, 106 A.D.2d 615; Cherry v. Mallery, 280 A.D.2d 860; Cherry v. Decker, 280 A.D.2d 867). Accordingly, the Supreme Court properly dismissed the complaint insofar as asserted against Klein.

In light of the foregoing, we need not address the plaintiffs' remaining contention.

FEUERSTEIN, J.P., H. MILLER, TOWNES and MASTRO, JJ., concur.

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ROVELLO v. KLEIN
(Apr 14, 2003)