Alter v. Michael

BURKE, J.—

On July 24, 1963, plaintiffs filed a malpractice action against defendant attorney at law, alleging that during the period of October 1961 through April 1962 defendant had acted negligently in the conduct of certain legal matters which plaintiffs had retained him to handle. The trial court granted defendant’s motion to dismiss, based on the affirmative defense of the one-year statute of limitations found in subdivision 3 of section 340 of the Code of Civil Procedure, 1 and set up in defendant’s answer. Plaintiffs appeal from the ensuing judgment. As will appear, we have determined…