Legal Opinion
West Village Associates Ltd. Partnership v. Balber Pickard Battistoni Maldonado & Ver Dan Tuin, PC
Appellate Division of the Supreme Court of the State of New York
Decided March 4, 2008PublishedCited by 4 opinions
1Opinion of the Court
A legal malpractice claim accrues when the malpractice is committed (Glamm v Allen, 57 NY2d 87, 93 [1982]), not when the client discovers it. Under the “continuous representation” doctrine, however, a client cannot reasonably be expected to assess the quality of the professional service while it is still in progress (see Greene v Greene, 56 NY2d 86, 94-95 [1982]). The doctrine is “generally limited to the course of representation concerning a specific legal matter,” and thus is “not applicable to a client’s . . . continuing general relationship with a lawyer . . . involving only routine…
2Cases cited5 opinions
- Shumsky v. EisensteinNew York Court of Appeals · 2001
- Greene v. GreeneNew York Court of Appeals · 1982
- Glamm v. AllenNew York Court of Appeals · 1982
- Zaref v. BerkAppellate Division of the Supreme Court of the State of New York · 1993
- Ecker v. Zwaik & Bernstein, P. C.Appellate Division of the Supreme Court of the State of New York · 1997
3Cited by4 opinions
- Myers Industries, Inc. v. Schoeller Arca Systems, Inc.District Court, S.D. New York · 2016
- MIG, Inc. v. Paul, Weiss, Rifkind, Wharton & Garrison, L.L.P.District Court, S.D. New York · 2010
- Lincoln Place, LLC v. RVP Consulting, Inc.Appellate Division of the Supreme Court of the State of New York · 2010
- Mark ex rel Smart Tone Authentication, Inc. v. Dechert, LLPAppellate Division of the Supreme Court of the State of New York · 2009