Practice point: The three-year limitations period is tolled by the continuous representation doctrine where there is a mutual understanding of the need for further representation on the specific subject matter underlying the malpractice claim. The doctrine's application requires clear indicators of an ongoing, continuous, developing, and dependent relationship between the client and the attorney. A predicate for the doctrine's application is continuing trust and confidence in the relationship between the parties.
Student note: On a motion pursuant to CPLR 3211(a)(5) to dismiss a complaint as barred
by the applicable statute of limitations, the moving defendant must
establish, prima facie, that the time in which to commence the action
has expired. The burden then
shifts to the plaintiff to raise a question of fact as to whether the
statute of limitations is tolled or is otherwise inapplicable.
Case: Beroza v. Sallah Law Firm, P.C., NY Slip Op 01913 (2d Det. 2015)
Here is the decision.
Tomorrow's issue: A slip and fall on the ice.
