Tuesday, October 23, 2007

New York Limitations Apply To New York Malpractice Suit

A legal malpractice action was brought in New York by Tennessee plaintiffs against a New York law firm. The plaintiffs contended that the Tennessee statute of limitations applied and was tolled because the defendant law firm was absent from Tennessee. The New York Court of Appeals rejected the contention: "A conclusion to the contrary would cause the statute of limitations to be tolled indefinitely...We do not believe that the Legislature intended this result..." (Mike Frisch)

http://lawprofessors.typepad.com/legal_profession/2007/10/new-york-limita.html

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Comments

your link doesn't bring up the case, and you don't even cite the name. Disappointing blog effort, especially for a professor.

Posted by: andrew lavoott bluestone | Oct 24, 2007 3:40:06 AM

Actually, when I click on the link, it does bring up the case. If you continue to have problems, the case is GML, Inc. et al v. Cinque & Cinque, P. c. et al.

Posted by: Mike Frisch | Oct 24, 2007 6:22:10 AM

To Andrew: "It is not the critic who counts, nor the man who points how the strong man stumbled or where the doer of deeds could have done them better. The credit belongs to the man who is actually in the arena; whose face is marred by dust and sweat and blood; who strives valiantly...who knows the great enthusiasms, the great devotions, and spends himself in a worthy cause; who, at best, knows the triumph of high achievement; and who, at the worst, if he fails, at least fails while daring greatly, so that his place shall never be with those cold and timid souls who know neither victory nor defeat." - Theodore Roosevelt

Posted by: Jeff Lipshaw | Oct 24, 2007 6:50:44 AM

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