Mergler v. Crystal Props. Assoc

In Mergler v. Crystal Props. Assoc. (179 A.D.2d 177 [1st Dept 1992]), the Court referred to a line of cases "holding that an attorney who contracts with his or her client during the course of the attorney-client relationship must establish affirmatively that the agreement is in every respect free from fraud on the attorney's part" (at 181). Thus, the exculpatory language of the contracts cannot be a basis for the granting of Reiser's motion directed to the pleading.