Appellate Court Reinstates Legal Malpractice Action That Was Dismissed As Untimely

On November 14, 2018, the Appellate Division, Second Department reversed Supreme Court Justice Paul Marx, who dismissed a legal malpractice on the ground that it had not been filed within the three year statute of limitations. The Appellate Court found that there was an issue of fact on whether the continuous representation doctrine applied to extend the deadline. The plaintiff retained the defendant attorney in September 2008 to sue a homeowner for personal injuries he sustained in July 2008 while performing carpentry work at their home using the homeowner's alleged defective table saw.

The plaintiff alleged that the attorney told him that it "would take up to seven years to resolve" his claim. He also claimed that he called the attorney' secretary "every six to eight months to check on the status" of his claim. The legal malpractice complaint also alleged that he met with the attorney approximately six years after he had retained him and was shocked to learn his attorney thought he had "no case" and believed the client had "disappeared". The personal injury claim was never filed and the time to do so had passed years earlier. The attorney persuaded the lower court to dismiss the legal malpractice action claiming the statute of limitations on the legal malpractice claim began to run in July 2011 when the personal injury three year statute of limitations expired. Since the legal malpractice suit wasn't filed until August 2015, it would have been untimely but for the continuous representation doctrine. A jury will decide whether the plaintiff knew or should have known that the attorney withdrew from representing the plaintiff within three years of filing the legal malpractice action. If so, the malpractice action will result in a defense verdict. Schrull v Weis, 2018 WL 5931158

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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