Home -> Law Blog Directory -> Legal Malpractice Blogs -> New York Attorney Malpractice Blog
(866) 635-2689 for Personal Injury or (866) 635-9402 for Criminal Defense
Find a Local Lawyer
Divorce (866) 635-6190
Personal Injury (866) 635-2689
Criminal Defense (866) 635-9402
Legal Malpractice
: New York Attorney Malpractice BlogA Pro-se Legal Malpractice Case Falters
By (Andrew Lavoott Bluestone)
Tsafatinos v Wilson Elser Moskowitz Edelman & Dicker, LLP ;2010 NY Slip Op 06085 ;decided on July 13, 2010 ;Appellate Division, Second Department is short on details as to how and why the legal malpractice case was filed on a date the Appellate Division determined to be too late. The rules, however, are clear:
"To dismiss a cause of action pursuant to CPLR 3211(a)(5) on the ground that it is barred by the Statute of Limitations, a defendant bears the initial burden of establishing prima facie that the time in which to sue has expired" (Savarese v Shatz, 273 AD2d 219, 220; see Morris v Gianelli, 71 AD3d 965, 967). Here, the defendants demonstrated that the plaintiffs' cause of action to recover damages for legal malpractice accrued no later than July 2005, more than three years before the commencement of the instant action in August 2008 (see CPLR 214[6]; McCoy v Feinman, 99 NY2d 295, 301; Nickel v Goldsmith & Tortora, Attorneys at Law, P.C., 57 AD3d 496). Thereafter, "the burden shifted to the plaintiffs to aver evidentiary facts establishing that the case falls within an exception to the Statute of Limitations" (Savarese v Shatz, 273 AD2d at 220 [internal quotation marks omitted]). Contrary to the plaintiffs' contention, they failed to establish that the statute of limitations was tolled by the continuous representation doctrine (see McCoy v Feinman, 99 NY2d at 306; cf. Shumsky v Eisenstein, 96 NY2d 164, 168). "
Full post as published by New York Attorney Malpractice Blog on July 15, 2010 (boomark / email).
National Practitioner Data Bank Fact
NPDB identifies unprofessional healthcare practitioners
Pre-paid Leagal Services
What are Prepaid Legal Benefit Plans
Gallbladder Surgery Errors Damage Bile Duct
X-ray Procedures Can Reduce Gall Bladder Surgery Error Rates
Legal Forms
Business and Commercial Legal Forms
Best Law Movies
Greatest Legal Movies selected by ABA Journal
Law & Order Depicts Police Procedures and Criminal Justice
Accuracy of Criminal Justice Depiction on Television
Legal Malpractice
legal malpractice lawsuits.
Jury Awards $1.8 Million in Legal Malpractice Suit
Jury Awards $1.8 Million in Legal Malpractice Suit
Accounting Malpractice - Accountant Malpractice, Accounting Malpractice Lawsuit
Accounting Malpractice alleging financial malpractice by accountants.
Birthing Malpractice
Kaiser Permanente pays $3.2 million medical malpractice settlement.
Viviendas, Inquilinos y Dueños
legal issues.
Alabama Restaurant Association Hires Legal Council to Help Members Damaged by BP Oil Spill
Alabama Restaurant Association Hires Legal Council to Help Members Damaged by BP Oil Spill>

Former Client's Intentional Wrongdoing Bars Malpractice Action
Magna Bank Finishes Presenting Evidence in Legal Malpractice Lawsuit
Indiana Legal Malpractice Case Addresses The Issue of Equitable Subrogation
Case Law Update: Legal Malpractice








