Statute of Limitations in Legal Malpractice and Real Estate Contracts
In Yakubov v Borukhov we see a common fact pattern. It consists of an early event followed by litigation, bad outcome, and a look back, in legal malpractice, at the original attorney from years before.
Here the sequence is: Real estate contract which was to allow plaintiff to subdivide property. Seller balks, and Plaintiff-buyer litigates, eventually winning what turns out to be a damaged property. Presumably, no subdivision is permitted. Client, now years later, looks back at contract attorney seeking legal malpractice damages, some 5 years later. How does this come out?
Attorney wins dismissal. Plaintiff offers the following arguments: I thought he was still my attorney. This is patently insufficient, and the court so finds, in rather summary fashion. Well then, says plaintiff, how about continuous representation ? That's no good either, says the Court. There is no indication, either in affidavit form or in evidence that there was a continuing, ongoing relationship.
Case dismissed.