Late and the Wrong Kind of Damages
When does the statute of limitations begin to run? It might be on the day of the mistake, and it might be later. The "later cases" are rare, and few in number. Anderson v Beranbaum 2013 NY Slip Op 31821(U) August 5, 2013 Sup Ct, New York County Docket Number: 151918/2013
Judge: Anil C. Singh is not one of them, yet it quotes an elusive and interesting case in which the statute did not begin to run from the date of the mistake.
"Under CPLR 214(6), all claims for legal malpractice, no matter whether they sound in tort or contract, have a three year statute of limitations. Case law further provides that the statute of limitations begins to toll upon the date that all elements of a legal malpractice have been fulfilled such that the injured party could have brought suit, regardless of whether the injured party was aware of the injury at the time (IDT Corp. v. Morgan Stanley Dean Witter & Co., 12 N.Y.3d
132, 140 (2009))."
As for plaintiff's claims that confidentiality was breached and she was "devastated?" These are non-economic claims and cannot be compensated in legal malpractice. "The second incident of legal malpractice is based on Beranbaum's alleged breach of confidentiality, which the plaintiff claims "devastated" her. Here, the plaintiff has failed to state a claim upon which relief may be granted. The only injuries that Anderson alleges from the legal malpractice are emotional, which are not considered compensable for legal malpractice claims (see Dombrowski v. Bulson, 19 N.Y.3d 347, 351 (2012); Wolkstein v. Morgenstern 275 AD.2d 635, 637 (1st Dept 2000); Dirito v. Stanley, 203 A.I>.2d 903 (4th Dept 1994))."