Wisniewski v. Palermino (Concurrence & Dissent)

Summary

The separate opinion agrees that the plaintiffs' professional negligence claim does not fall within the previously recognized exceptions for negligent drafting or execution of a will, but would stop there and reject any expansion of third-party attorney liability. It concludes that the plaintiffs therefore lack standing because the alleged failure to advise about a beneficiary designation does not justify extending the attorney's duty beyond the client. The opinion concurs in the result reached in the majority's later analysis while dissenting from its recognition of the broader exception.