Practice point: Executive Law § 135 provides, in pertinent part, that "[f]or any
misconduct by a notary public in the performance of any of his powers
such notary public shall be liable to the parties injured for all
damages sustained by them."
Student note: By its plain language, the statute does
not require a showing of detrimental reliance. A plaintiff seeking to recover under that
section need only show that the notary engaged in notarial misconduct
and that such misconduct was a proximate cause of the plaintiff's injury.
Case: Chicago Tit. Ins. Co. v LaPierre, NY Slip Op 01523 (2d Dept. 2013).
Here is the decision.
Tomorrow's issue: Correcting a mistaken order.
