Farina v Katsandonis, P.C. 2020 NY Slip Op 30468(U) February 21, 2020
Supreme Court, New York County Docket Number: 154170/2019
Judge: David Benjamin Cohen presents a rarely discussed tolling provision of the statute of limitations.  It is the “continuing wrong” toll.  Continuous representation, as all know, tolls the statute of limitations while there remains an understanding that further work is to be performed, and there is a continuing relationship of trust and confidence.  The continuing wrong principle is found in Harvey v. Metropolitan Life Ins. Co. 34 A.D.3d 364 (1st Dept, 2006).  “What is alleged is a “continuing wrong,” which—for purposes of our statute of limitations (CPLR 203)—is “deemed to have accrued on the date of the last wrongful act” (Leonhard v United States, 633 F2d 599, 613 [2d Cir 1980], cert denied [*2]451 US 908 [1981]). Accordingly, the commencement of this action in 2004 was timely.”

In Farina even that tolling was insufficient. “While the precise date of the alleged malpractice is not clear, even giving plaintiff the benefit of the continuous representation (see Shumsky v Eisenstein, 96 NY2d 164 [2001]) and the continuing wrong doctrine (see Harvey v Metropolitan Life Ins. Co., 34 AD3d 364 [1st Dept 2006]) this matter was filed beyond the statute of limitations.”