Commercial Division Blog

Posted: February 1, 2021 / Categories Commercial, Statute of Limitations/Laches, Professional Malpractice

Legal Malpractice Claim Not Saved by the Continuous Representation Doctrine

On January 26, 2021, the First Department issued a decision in Pace v. Horowitz, 2021 NY Slip Op. 00392, holding that a legal malpractice claim was not saved by the continuous representation doctrine, explaining:

The court correctly determined that plaintiffs failed to show that there is an issue of fact as to whether the legal malpractice claim was timely filed based on the application of the continuous representation doctrine toll. The continuous representation doctrine toll does not apply based merely on the existence of an ongoing professional relationship, but only where the particular course of representation giving rise to the particular problems resulting in the alleged malpractice is ongoing. Here, while plaintiffs allege that defendant law firm provided continuing estate administration work as part of an ongoing professional relationship of estate administration, they do not adequately allege that the particular course of representation regarding the sale of estate assets in 2007, which gave rise to the malpractice allegations, continued through February 2015, so as to make the instant malpractice claim timely filed.

(Internal citations omitted).

It is not unusual for the statute of limitations to be an issue in complex commercial litigation. Contact Schlam Stone & Dolan partner John Lundin at jlundin@schlamstone.com if you or a client have questions regarding whether claims are barred by the statute of limitations.

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