McCoy v. Feinman

OPINION OF THE COURT

Rosenblatt, J.

This appeal involves the statute of limitations in a legal malpractice action implicating a qualified domestic relations order (QDRO) under the Federal Employee Retirement Income Security Act of 1974 ([ERISA] 29 USC § 1001 et seq.). Plaintiff, the wife in an underlying divorce action, sued her former attorneys alleging that they negligently failed to secure preretirement death benefits under her ex-husband’s employee benefit plan. The trial court and a divided Appellate Division concluded that the action was time-barred. Because neither plaintiff’s…