Pontier v. Wolfson

The appellant, David S. Pontier, challenges a final order dismissing with prejudice the legal malpractice complaint he filed against the appellee, Myron L. Wolfson. We reverse.

This action arose out of the appellee’s representation of the appellant in a criminal matter. The appellee, rather than answer the appellant’s complaint which alleged that the appellee was negligent, filed a motion to dismiss the complaint on the basis that it did not state a cause of action because any action was barred by the statute of limitations and because the release attached to the motion relieved the appellee…