8 Week Late Legal Malpractice Claim Dismissed Finding No Continuous Representation Toll

On July 2, 2018 an appellate court covering Queens County upheld the dismissal of a legal malpractice claim that was filed 8 weeks after the 3 year statute of limitations expired. The client had retained an attorney in connection with a loan from a funding company that was secured with a mortgage. When the client defaulted on the loan the same attorney represented the client in executing a deed and contract of sale in lieu of foreclosure transferring the title to the funding company. Three years and 8 weeks later the client sued claiming the attorney misled him and "improperly advised (him) to execute the deed on the basis that it would be held in escrow" and that he would have a right of redemption.

There was no evidence that the attorney provided any further legal services regarding ownership or financing of the property after the date the deed was executed. The Court reviewed some basic settled principles of law regarding the statute of limitations. Legal malpractice claims: 1) "must be commenced within 3 years of the accrual" of the claim; 2) "accrue when all the facts necessary to the claim have occurred and an injured party can obtain relief in Court"; 3) "In most cases, this accrual time is measured from the day an actionable injury occurs, even if the aggrieved party is then ignorant of the wrong or injury."; 4) "accrue when the malpractice is committed, not when it is discovered". 

The Court also noted: "The continuous representation doctrine serves to toll the statute of limitations...only where there is a mutual understanding of the need for further representation on the specific subject matter underlying the malpractice claim". King Tower Realty Corp v G & G Funding Corp, 2018 WL 3297202

For more information on the statute of limitations read the links below.

Legal Malpractice Suit Dismissed As Untimely Despite Client's Ignorance of Malpractice

Lawyer Loses Bid to Dismiss Late Malpractice Claim Seeking $25M

Ronald C. Burke, Esq

Trial Attorney with 30+ Years of Experience Attorney Ronald C. Burke, Esq. has more than 30 years of experience and has focused his career on representing clients in cases involving personal injury, medical malpractice and legal malpractice. He is a seasoned trial lawyer and has won many seven-figure settlements and verdicts for his clients over the years, including many case victories listed among the largest in the history of the New York State. He has been featured in the news and is a regular lecturer for the New York County Lawyers Association, as well as having lectured before the New York State Bar Association. Ron is also an attorney with Kelner & Kelner, a New York personal injury law firm. Awards and Accolades Mr. Burke's awards and accolades are many. Among them, he has been included in New York Super Lawyers® each year since 2010, and he has received the highest-possible AV® Rating from Martindale-Hubbell®. Verdict Search, a part of the New York Law Journal, frequently recognizes his notable successes after winning some of the highest settlements and verdicts in past years. He was also featured in their list of the "Top New York Verdicts " and "Top New York Settlements." He is a member of the New York State Bar Association and is licensed to practice law in the U.S. District Court for the Southern and Eastern Districts of New York, as well as before the United States Supreme Court. When Attorney Burke is not handling legal malpractice cases, he is highly involved in the local community. He was a member of the Village of Rockville Centre Volunteer Fire Department, has served on the local school board and as Chairman of the local Zoning Board. Learn more about Attorney Burke and how he can skillfully handle your malpractice case by contacting the Law Offices of Ronald C. Burke, Esq. right away to schedule your complimentary case evaluation. Our firm is here to help! Contact a New York Legal Malpractice Attorney Our firm provides each client's case with thorough preparation and aggressive representation, ensuring that you win the best possible results for your case whether it is settled or goes to trial. As a seasoned trial lawyer, Mr. Burke can provide the strong and relentless representation you need to establish negligence in a legal malpractice case and to recover any damages you may have suffered. Our firm can recover compensation for pre-trial and trial malpractice, violations of fee arrangements, loss of income, pain and suffering, and much more. Contact us today!


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