Tuesday, March 4, 2008

Continuous Representation Tolls Statute Of Limitations

The New York Appellate Division for the First Judicial Department reinstated a legal malpractice case. The ongoing representation by the lawyers in the underlying case tolled the statute of limitations:

"The complaint here went beyond mere allegations that defendants continuously represented plaintiffs in a general professional relationship after the specific act of malpractice occurred (cf. Zaref v Berk & Michaels, 192 AD2d 346, 348 [1993]), specifically alleging the continued advice they received from defendants regarding rent regulation, as a result of which they failed to take appropriate steps to assure the subject property would be free from rent regulation. As a result, plaintiffs stated a cause of action that was not barred by the statute of limitations (see Greene, 56 NY2d at 95)." (MIke Frisch)


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