Basilotta v. Warshavsky

Accepting the allegations in plaintiffs complaint as true and resolving all inferences in her favor, as we must in considering a motion to dismiss (see Leon v Martinez, 84 NY2d 83, 87 [1994]; Benn v Benn, 82 AD3d 548, 548 [2011]), this legal malpractice action accrued in California at the latest in November 2007, when plaintiff received defendants’ letter unequivocally informing her that they were no longer representing her or prosecuting her underlying actions. Accordingly, under California’s applicable one-year statute of limitations (Cal Civ Proc Code § 340.6 [a]), this action, commenced…