The statute of limitations for legal malpractice is three years after the alleged malpractice occurs, not when the client becomes aware of the malpractice. The statute may be tolled if the malpractice relates to the contested matter or transaction in issue and the doctrine of “continuous representation” applies. The statute will not be tolled if the law firm continued to only generally represent the client. Certain actions attempting to rectify the malpractice may be held to be continuous representation.
Two Appellate Division courts have recently addressed whether the law firm’s alleged continuous representation tolled the statute of limitations in three different high-stakes actions.
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