CPLR
214(6) provides that “an action to recover damages for malpractice,
other than medical, dental or podiatric malpractice, regardless of
whether the underlying theory is based in contract or tort” must be
commenced within 3 years.
The
cause of action for malpractice accrues at the time of the act, error
or omission. See, Julian v. Carrol, 270 AD2d 457 [2d Dept. 2000];
Goicoechea v. Law Offices of Stephen Kihl, 234 AD2d 507 [2d Dept.
1996]; Shumsky v. Eisenstein, 96 NY2d 164 [2001].
The
Court of Appeals has held that a cause of action for legal
malpractice accrues against the attorney when the statute of
limitations expires on the underlying action for which the attorney
was retained. See, Shumsky v. Eisenstein, supra. In Burgess v. Long
Island Railroad Authority, 79 NY2d 777 [1991], the Court of Appeals
held:
The
Continuous Representation Toll of a Legal Malpractice Action
The
accrual of the three-year statute of limitations is tolled during the
period of the lawyer’s continuous representation in the same matter
out of which the malpractice arose under the theory that the client
should not be expected to question the lawyer’s advice while he is
still representing the client. See, Lamellen v. Kupplungbau GmbH v.
Lerner, 166 AD2d 505 [2d Dept. 1990]; Shumsky v. Eisenstein, supra.
Under the continuous representation doctrine, there must be clear
indicia of an ongoing, continuous, developing, and dependent
relationship between the client and the lawyer. See, Kanter v. Pieri,
11 AD3d 912 [4 Dept. 2004]; Lamellen v. Kupplungbau GmbH v. Lerner,
supra; Clark v. Jacobsen, 202 AD2d 466 [2 Dept. 1994].
Contact me if you have questions.
Sincerely yours,
Richard A. Klass, Esq.
Your Court Street Lawyer
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copyr. 2014 Richard A. Klass, Esq.
The firm's website: www.CourtStreetLaw.com
Richard A. Klass, Esq., maintains a law firm engaged in civil litigation in Brooklyn Heights, New York.
He may be reached at (718) COURT-ST or e-mail to richklass@courtstreetlaw.com with any questions.
Prior results do not guarantee a similar outcome.
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