An action to recover damages for legal malpractice must be commenced within three years of the accrual of the cause of action, whether the underlying theory is based in contract or tort, as set forth in CPLR 214[6]. An action to recover damages for attorney deceit under Judiciary Law § 487 is subject to the six-year statute of limitations set forth in CPLR 213(1). A legal malpractice action that also alleges attorney deceit must be dismissed as time-barred if not commenced within three years of accrual, if the Judiciary Law § 487 cause of action is premised on the same facts as the legal malpractice cause of action and does not allege distinct damages.
Catsiapis v. Pardalis & Nohavicka, LLP, NY Slip Op 04185 (2d Dep't August 9, 2023)
