On June 20, 2017, the Appellate Division, First Department upheld the denial of a motion to dismiss a legal malpractice claim. The plaintiff had retained the defendant law firm to file a Notice of Claim against the City of New York for injuries he suffered in a fall from his motorcycle because he struck a defectively placed steel construction plate in the road. Apparently, the Notice of Claim was not timely filed and any lawsuit was time barred.
The attorney handling the case had left the defendant law firm and took the case with him to the new firm. However, there was no evidence that the plaintiff was ever informed of, or had notice of his former attorney's departure from the defendant law firm. In the absence of proof that plaintiff was aware that the first firm no longer represented him, the continuous representation doctrine applied to extend the legal malpractice statute of limitations for any claim against the first law firm.