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24 Apr 2023, 4:30 am by Andrew Lavoott Bluestone
“For the doctrine to apply, there must be clear indicia of ‘an ongoing, continuous, developing, and dependent relationship between the client and the attorney'” (Farage v Ehrenberg, 124 AD3d at 164, quoting Aseel v Jonathan E. [read post]
14 Oct 2022, 4:58 am by Andrew Lavoott Bluestone
“An action to recover damages for legal malpractice must be commenced within three years from the accrual of the claim” (Farage v Ehrenberg, 124 AD3d 159, 163; see CPLR 214[6]). [read post]
8 Jan 2020, 4:42 am by Andrew Lavoott Bluestone
For the doctrine to apply, “there must be clear indicia of ‘an ongoing, continuous, developing, and dependent relationship between the client and the attorney’ ” (Farage v Ehrenberg, 124 AD3d at 164, quoting Aseel v Jonathan E. [read post]
1 Oct 2019, 4:40 am by Andrew Lavoott Bluestone
Kroll & Assoc., PLLC, 106 AD3d 1037, 1038 [2013] [internal quotation marks omitted]; see Farage v Ehrenberg, 124 AD3d at 164). [read post]
21 Aug 2019, 4:31 am by Andrew Lavoott Bluestone
 . regardless of when the operative facts are discovered by the plaintiff” (Farage v Ehrenberg, 124 AD3d at 164 [citations omitted]; see McCoy v Feinman, 99 NY2d 295, 301 [2002]; Quinn v McCabe, Collins, McGeough & Fowler, LLP, 138 AD3d at 1086). [read post]
4 Oct 2018, 4:39 am by Andrew Lavoott Bluestone
Kroll & Assoc., PLLC, 106 AD3d 1037, 1038 [internal quotation marks omitted]; see Farage v Ehrenberg, 124 AD3d at 164). [read post]
10 Feb 2020, 4:36 am by Andrew Lavoott Bluestone
For the doctrine to apply, “there must be clear indicia of ‘an ongoing, continuous, developing, and dependent relationship between the client and the attorney’ ” (Farage v Ehrenberg, 124 AD3d at 164, quoting Aseel v Jonathan E. [read post]
19 Feb 2019, 4:18 am by Andrew Lavoott Bluestone
For the doctrine to apply, “there must be clear indicia of an ongoing, continuous, developing, and dependent relationship between the client and the attorney'” (Farage v Ehrenberg, 124 AD3d at 164, quoting Aseel v Jonathan E. [read post]
21 Nov 2017, 4:07 am by Andrew Lavoott Bluestone
Schwartz (hereinafter the plaintiff) by demonstrating that the professional malpractice causes of action accrued more than three years prior to the commencement of the action (see Meredith v Siben & Siben, LLP, 130 AD3d 791, 792; Farage v Ehrenberg, 124 AD3d 159, 164; Napoli v Moisan Architects, 77 AD3d 895, 895-896). [read post]
3 Nov 2017, 3:55 am by Andrew Lavoott Bluestone
” “Regarding the motion of the defendant Randall Pratt, “[a] defendant moving for summary judgment in a legal malpractice action on the ground that it is untimely must make a prima [*2]facie showing that the malpractice action was commenced more than three years after the date on which the cause of action accrued” (Farage v Ehrenberg, 124 AD3d 159, 164). [read post]
30 Mar 2018, 4:05 am by Andrew Lavoott Bluestone
The cause of action to recover damages for professional negligence, which arose from the same facts as the legal malpractice claim and did not allege distinct damages, was likewise governed by the three-year statute of limitations (see Scott v Fields, 85 AD3d 756 [2011]; see also Farage v Ehrenberg, 124 AD3d 159, 159 [2014]). [read post]
22 Mar 2023, 5:25 am by Andrew Lavoott Bluestone
“Accrual is measured from the commission of the alleged malpractice, when all facts necessary to the cause of action have occurred and the aggrieved party can obtain relief in court” (Farage v Ehrenberg, 124 AD3d 159, 164; see McCoy v Feinman, 99 NY2d 295, 301). [read post]
1 May 2019, 4:31 am by Andrew Lavoott Bluestone
While, “from the standpoint of adverse parties, counsel’s authority as an attorney of record in a civil action continues unabated until the [attorney’s] withdrawal, substitution, or discharge is formalized” in accordance with CPLR 321, “[a ]n affirmative discharge of an attorney by the client is immediate” (Farage v Ehrenberg, 124 AD3d 159, 165 [2d Dept 2014] [citations omitted]). [read post]
19 Mar 2021, 3:15 am by Andrew Lavoott Bluestone
Also weighing against plaintiff’s argument is evidence of involvement by and consultation with other attorneys, including her husband and his law partner, raising the possibility that plaintiff did not repose her trust and confidence in defendants (compare Farage v Ehrenberg, 124 AD3d 159, 167-168 [2014], lv denied 25 NY3d 906 [2015]). [read post]