Surreptitous Removal Of File Triggers Start Of Limitations Period

The New York Appellate Division for the Second Judicial Department affirmed the dismissal of a legal malpractice case on statute of limitations grounds.

The court interpreted the “continuous representation” rule:

Here, contrary to the plaintiff’s sole contention on the issue of timeliness, the Supreme Court did not err in concluding that the relationship necessary to invoke the continuous representation rule ceased to exist by November 5, 2007, when the plaintiff surreptitiously removed his file from the defendants’ office. By so removing the file, the plaintiff evinced his lack of trust and confidence in the parties’ relationship, and his intention to discharge the defendants as his attorneys. Accordingly, because, contrary to the plaintiff’s contention, the relationship necessary to invoke the continuous representation doctrine terminated more than three years prior to the commencement of this action, the Supreme Court properly granted that branch of the defendants’ motion which was pursuant to CPLR 3211(a) to dismiss so much of the complaint as alleged legal malpractice against the defendants… (citations omitted)

(Mike Frisch)