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Commercial Division Blog

Current Developments in the Commercial Divisions of the
New York State Courts
Posted: September 7, 2015

Action Untimely Even With Continuous Representation Doctrine Tolling

On September 2, 2015, the Second Department issued a decision in Tantleff v Kestenbaum & Mark, 2015 NY Slip Op. 06720, addressing whether an action was tolled under the continuous representation doctrine, explaining “that pursuant to the doctrine of continuous representation, the three-year statute of limitations pertaining to the defendants’ alleged legal malpractice in October 2001 was tolled during the time period when the defendants continued to represent the plaintiffs before the IRS on the specific subject matter underlying the malpractice claim.” The court found that tolling did apply, but that the action was nonetheless untimely because it was commenced more than three years from the date the tolling ended.

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