Attorneys are notaries, simply for the asking. Notarized documents form the backbone of a legal system which relies upon their accuracy and deems the documents genuine. The system of legal documents in NY (forget aboutt the rest of America) would come to a screeching halt in the absence of recognition of notarized documents. What liability does a notarty (especially an attorney notary) have for mistakes?
in Koch v Kyong Min; 2011 NY Slip Op 31951(U); June 29, 2011; Sup Ct, NY County; Judge: Emily Jane Goodman we see a well reasoned discussion:
"The complaint alleges, inter alia, that Ms. Min violated New York Executive Law 5 135, which provides, in relevant part "[flor any misconduct by a notary public in the performance of any of his [or her powers auch notary public shall be liable to the parties injured for all damages sustained by them."
"Assuming, arguendo, that the consent form was notarized outside of Plaintiff’s presence or that her signature was forged, any violation of Executive Law 5 135 is irrelevant, because the statute provides that any damages must be related to the alleged notarial misconduct. Rastelli v Gassman, 231 AD2d 507, 508 (2d Dept 1996)("There I s no cause of action for notarial
misconduct abaent injury and there can be no injury unless a , plaintiff can demonstrate that he or she relied to his or her detriment upon the alleged misconduct of the notary"); Saleh
Holdings Group, Inc. v Chernov, 30 Misc3d 1220(A) , 2011 NY Slip Op 50142(U)(Sup Ct, NY County 20ll)(plaintiff must show alleged loss was proximately caused by alleged fraudulent notarization).detriment upon the alleged misconduct of the notary"); Saleh Holdings Group, Inc. v Chernov, 30 Misc3d 1220(A) , 2011 NY Slip Op 50142(U)(Sup Ct, NY County 20ll)(plaintiff must show alleged loss was proximately caused by alleged fraudulent notarization)."