Legal Question in Legal Malpractice in New York

Statute of limitations NY

I am looking for a legal malpractice Atty in Ny. Lawyer misplead my case in his Third Amended Complaint. He plead the main Fraudulent Transfer correct in Second Amended complaint but was ordered to replead eliminating other causes of action. He forgot to plead the Frad Transer in the revised complaint. Federal SDNY court dismissed for failure to state a claim in Third Amended Complaint. Appellate court upheld saying second amended complaint was superceded by third and only properly plead items in Third Amended Complaint count. My lawyer was thinking about motion for reconsideration until Dec 30, 2006. On that date he notified me he would not represent me but I could proceed with a pro-se motion for reconsideration. I did but court would not hear it. Is Dec 30, 2006 my last ''continuing representation'' for determining a statute of limitations (3 yrs in NY) for legal malpractice. If so that gives me until Dec 30, 2009 to find a lawyer to file by that date. Or must I file sooner?


Asked on 12/05/07, 10:47 am

1 Answer from Attorneys
Andrew Bluestone Andrew Lavoott Bluestone

Re: Statute of limitations NY

Your probable date is correct, but the rule is: S/L starts to run on day of mistake, but is tolled by continuing representation, if it is of the same transaction, etc.

Call me if you wish to discuss case

Andrew Lavoott Bluestone

[email protected]

Read more
Answered on 12/06/07, 7:56 am


Related Questions & Answers

More Legal Malpractice Law questions and answers in New York