Search for: "Town of Amherst v Weiss"
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1 Aug 2019, 4:05 am
It is well settled that “[a] cause of action for legal malpractice accrues when the malpractice is committed” (Elstein v Phillips Lytle, LLP, 108 AD3d 1073, 1073 [4th Dept 2013] [internal quotation marks omitted]), and that, “[w]hat is important [in determining the accrual date] is when the malpractice was committed, not when the client discovered it” (Glamm v Allen, 57 NY2d 87, 95 [1982]; see Town of Amherst v Weiss,… [read post]
19 Mar 2021, 3:15 am
Thus, although plaintiff raised questions of fact as to the defense, she failed to conclusively establish that the continuous representation doctrine tolled the statute of limitations (see Red Zone LLC v Cadwalader, Wickersham & Taft LLP, 27 NY3d at 1050; Town of Amherst v Weiss, 120 AD3d 1550, 1552-1553 [2014]; Deep v Boies, 53 AD3d at 952; Gravel v Cicola, 297 AD2d 620, 621 [2002]). [read post]