Litigants faced with the 3 year statute of limitations often turn to a fraud cause of action.  Fraud has a 6 year statute of limitations, and in some instances an even longer discovery statute, which would be 2 years after discovery of the fraud.  It’s inviting and promises a cause of action when the legal malpractice time has passed.  It does not always work, and when it is clumsily pled, it is generally a failure.

Coleman v Korn ;2012 NY Slip Op 01374 ;Decided on February 23, 2012 ;Appellate Division, First Department  was dismissed because the fraud was not pled, and raised only late in motion practice.  "Plaintiff was required to commence this legal malpractice action within three years of defendant’s withdrawal as his counsel, but failed to do so (see CPLR 214[6]; cf. Gonzalez v Ellenberg, 300 AD2d 173, 174 [2002]). Plaintiff’s fraud and Judiciary Law § 487 claims were raised for the first time in a surreply, which Supreme Court properly refused to consider (see CPLR 2214[b],[c]; Garced v Clinton Arms Assoc., 58 AD3d 506, 509 [2009]). "