Johnson v. Phillips

Order unanimously affirmed, with costs. Memorandum: We agree with Special Term that the Statute of Limitations does not constitute a bar to plaintiff’s amended complaint, but for a different reason. Plaintiff timely served her original complaint in this action on May 31, 1983 in which she alleged that defendant attorneys negligently failed to reserve and retain certain mineral rights in a contract for the sale of real property or to advise plaintiff that the contract failed to reserve or retain such rights. On July 11, 1983, more than three years after the alleged negligence, an amended…