We’ve discussed other statute of limitations cases this week, and Roubeni v Dechert, LLP  2018 NY Slip Op 01950  Decided on March 21, 2018
Appellate Division, Second Department is an excellent example of what is really the only way around the iron-clad rule that the statute of limitations in legal malpractice commences at the mistake and not when the damage is discovered.  It is the McCoy v. Feinman, 99 NY2d 295 (2002)  – Ackerman v. Price Waterhouse  84 NY2d 714 (2002)argument that “a legal malpractice claim accrues when all the facts necessary to the cause of action have occurred and an injured party can obtain relief in court.”  It works about 2% of the time.  Here it fails, with little commentary by the AD.

“Here, the defendants satisfied their initial burden by demonstrating that this legal malpractice action accrued, at the latest, when the bankruptcy proceeding was terminated in October 2006, which was more than three years before the commencement of this action (see Stein Indus., Inc. v Certilman Balin Adler & Hyman, LLP, 149 AD3d at 789; Tsafatinos v Law Off. of Sanford F. Young, P.C., 121 AD3d 969, 969). In opposition, the plaintiffs failed to raise a question of fact as to whether the continuous representation doctrine tolled the running of the statute of limitations (see Stein Indus., Inc. v Certilman Balin Adler & Hyman, LLP, 149 AD3d at 789; Quinn v McCabe, Collins, McGeough & Fowler, LLP, 138 AD3d 1085, 1087).”