Practice point: The action must be commenced within three years of accrual, pursuant to CPLR 214[6] and 203[a], and accrual occurs when the malpractice is committed.
Practitioners should note that, under the doctrine of continuous representation, the statute of limitations is tolled while there is ongoing representation on the same matter in which the malpractice is alleged.
Case: Waggoner v. Caruso, NY Slip Op 06739 (1st Dept. 2009)
The opinion is here.
Tomorrow’s issue: Law of the case.
