Some time ago the legislature passed a statute of limitations for legal malpractice, overruling the Court of Appeals which permitted both a 3 year and a 6 year statute.  Of course, now there is but a single 3 year statute.  At the same time, it was determined that no matter whether one calls the attorney’s mistakes fraud, breach of fiduciary duty or something else, there is a single 3 year statute, and it’s all called legal malpractice except in certain unusual circumstances.

Here in Kullahsi v. Marengo, NY Slip Op 31154, Justice Tolub, Supreme Court, New York County, Mary 27, 2009, we see a more detailed explanation.  The allegation of fraud must be separate and distinct from the allegation of malpractice.  There must be damages separate and different from those which were caused by the malpractice.  The fraud must be independent, intentionally tortuous conduct.