Plaintiffs could not show that the continuous representation toll applied.

In Pace v Horowitz, 190 AD3d 619 [1st Dept 2021], the plaintiffs could not show that the continuous representation toll applied. It was held:

The court correctly determined that plaintiffs failed to show that there is an issue of fact as to whether the legal malpractice claim was timely filed based on the application of the continuous representation doctrine toll (see Marzario v. Snitow Kanfer Holzer & Millus, LLP, 178 A.D.3d 527, 528, 116 N.Y.S.3d 199 [1st Dept. 2019] ). The continuous representation doctrine toll does not apply based merely on the existence of an ongoing professional relationship, but only where the particular course of representation giving rise to the particular problems resulting in the alleged malpractice is ongoing (see Matter of Lawrence, 24 N.Y.3d 320, 341, 998 N.Y.S.2d 698, 23 N.E.3d 965 [2014]; Williamson v. PricewaterhouseCoopers LLP, 9 N.Y.3d 1, 840 N.Y.S.2d 730, 872 N.E.2d 842 [2007] ). Here, while plaintiffs allege that defendant law firm provided continuing estate administration work as part of an ongoing professional relationship of estate administration, they do not adequately allege that the particular course of representation regarding the sale of estate assets in 2007, which gave rise to the malpractice allegations, continued through February 2015, so as to make the instant malpractice claim timely filed.

R. A. Klass
Your Court Street Lawyer

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