In Tulino v Hiller, P.C., 202 AD3d 1132, 1135 [2d Dept 2022], the court reiterated the rule regarding the continuous representation doctrine, holding: The statute of limitations for a cause of action to recover damages for legal malpractice is three years (see CPLR 214[6]; DeStaso Read More »
[Don’t] Play It Again, Sam
The Supreme Court Justice granted the motion to dismiss the 2021 Action. In his decision, the judge held: “The Court observes that the doctrine [of res judicata] ‘precludes litigation of matters that could or should have been raised in a prior proceeding between the parties arising from the same factual grouping, transactions or series of transactions.’ (see, DeSanto Construction Corporation v. Royal Insurance Company, 278 AD2d 357 [2nd Dept. 2000].”
The court retains the discretion to accept late opposition papers.
…just because there is no written retainer agreement, does not mean that an attorney-client relationship does not possibly exist.
Account stated cause of action was partially granted in the attorney’s favor.
…just because there is no written retainer agreement, does not mean that an attorney-client relationship does not possibly exist.
“Damages in a legal malpractice case are designed to make the injured client whole…”
…just because there is no written retainer agreement, does not mean that an attorney-client relationship does not possibly exist.
