Kleinser v. Astarita

We need not decide the statute of limitations issue, because even if timely commenced, plaintiff failed to raise an issue of fact as to his claims of legal malpractice and breach of contract. Plaintiffs contention that defendants did not place before the *519trial court in the underlying action the evidence of his ownership interest in the “47BH Account” is unsupported in the record. The trial court in the underlying action expressly found that plaintiff had a one-third interest in the 47BH Account. Moreover, the court explained, in detail, that that one-third interest entitled plaintiff to…