Legal malpractice.

Practice point: The fact that defendant-attorney received a telephone call from plaintiffs' new counsel, and provided the requested information, did not toll the running of the statute of limitations until that date.

Student note: A cause of action may sound in fraud if it is based on tortious conduct independent of the alleged malpractice, here, an alleged misrepresentation as to defendant’s eligibility to practice in Florida.

Case: Rupolo v. Fish, NY Slip Op 06343 (2d Dept. 2011).

Here is the decision.

Tuesday’s issue: Res judicata.