Melnitzky v. Hollander

Order, Supreme Court, New York County (Leland DeGrasse, J.), entered January 23, 2004, which granted defendant’s motion pursuant to CPLR 3211 (a) (1) and (7) to dismiss the complaint, unanimously affirmed, without costs.

The causes of action for legal malpractice and breach of contract, which allege that defendant misrepresented that he would continue to advise plaintiff in the underlying action notwithstanding his formal withdrawal, were properly dismissed upon unrefuted evidence that the parties’ last communication involving the subject matter of the representation occurred almost five years…