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1 May 2019, 4:31 am by Andrew Lavoott Bluestone
 The “continuous representation doctrine tolls the statute of limitations … where there is a mutual understanding of the need for further representation on the specific subject matter underlying the malpractice claim” (Zorn v Gilbert, 8 NY3d 933, 934 [2007], quoting McCoy v Feinman, 99 NY2d 295, 306 [2002]; see also Shumsky v Eisenstein, 96 NY2d 164, 167-168 [2001J). [read post]
22 May 2011, 9:51 pm by Simon Gibbs
That judgment also considered the earlier Court of Appeal decision of Clarkson v Gilbert [2000] 2 FLR 839. [read post]
1 Oct 2019, 4:40 am by Andrew Lavoott Bluestone
However, legal malpractice claims which would otherwise be barred by the statute of limitations are timely if the doctrine of continuous representation applies (see Glamm v Allen, 57 NY2d 87, 91-94 [1982]; Alizio v Ruskin Moscou Faltischek, P.C., 126 AD3d 733, 735 [2015]; Farage v Ehrenberg, 124 AD3d at 164), in which case the three-year statute of limitations is tolled for the period following the alleged malpractice “until the attorney’s continuing… [read post]
27 May 2018, 8:34 pm by Omar Ha-Redeye
” The reason for this, as explained in Gilbert v. [read post]
20 Feb 2018, 3:55 am by Andrew Lavoott Bluestone
Davis & Gilbert, LLP, 126 AD3d 656, 656 (1st Dep’t 2015); Stackpole v. [read post]
14 Jun 2010, 2:39 am by Andrew Lavoott Bluestone
Accordingly, the legal malpractice claims should not have been dismissed since Levinson failed to establish that they were time-barred (see Zorn v Gilbert, 8 NY3d 933, 934; 730 J & J, LLC v Polizzotto & Polizzotto, Esqs., 69 AD3d 704; Town of Wallkill v Rosenstein, 40 AD3d 972, 974). [read post]