Practice point: A cause of action alleging legal malpractice may be based upon the creation of a loan document which is usurious and does not fall under any exceptions to the law of usury.
Student note: The action to recover damages arising from legal malpractice must be commenced within three years after accrual, pursuant to CPLR 214[6], and the action accrues when the malpractice is committed.
Case: DeStaso v. Condon Resnick, LLP , NY Dept. 2011
Monday’s issue: The court’s granting relief.
