Monday, April 17, 2017

A legal malpractice claim.

Practice point:  An action to recover damages arising from legal malpractice must be commenced within three years, computed from the time the cause of action accrued to the time the claim is interposed, pursuant to CPLR 214[6]. The claim accrues when all the facts necessary to the cause of action have occurred and the allegedly injured party can obtain relief in court. In most cases, this accrual time is measured from the day an actionable injury occurs, even if the aggrieved party is then ignorant of the wrong or injury. What is important is when the malpractice was committed, not when the client discovered it. Continuous representation may toll the statute of limitations, but only where there is a mutual understanding of the need for further representation on the specific subject matter underlying the malpractice claim.

Case:  3rd & 6th, LLC v. Berg, NY Slip Op 02768 (2d Dep't April 12, 2017)

Here is the decision.

Tomorrow's issue:  An enforceable liquidated damages clause.