Anecdotally, we believe that Courts have an institutional bias against legal malpractice cases.  That said, we are the first to admit that no catalogue of dismissed cases has been produced.  Still…Macaluso v Del Col ,   2012 NY Slip Op 03605   Decided on May 8, 2012   Appellate Division, Second Department is an example.  Here, defendants were sued for a business litigation settlement gone bad, and the proof was that the case was settled in July 2007, and the defendants moved (as attorney for plaintiff) to vacate the settlement in October, 2007.  When plaintiffs sued defendants in August 2010, the case was dismissed on statute grounds.  Why?
 

"Contrary to the Supreme Court’s determination, the plaintiff raised an issue of fact as to whether the defendant’s representation of the plaintiff until at least October 2007 reflected a course of continuous representation (see Weiss v Manfredi, 83 NY2d 974, 977; DeStaso v Condon Resnick, LLP, 90 AD3d at 812-813; Kennedy v H. Bruce Fischer, Esq., P.C., 78 AD3d at 1017-1018; Gravel v Cicola, 297 AD2d at 621; Pellati v Lite & Lite, 290 AD2d 544, 545-546). Accordingly, the Supreme Court erred in granting the defendant’s motion pursuant to CPLR 3211(a)(5) to dismiss the complaint as time-barred. "