New York Supreme Court – Plaintiff Cannot Plead Malpractice Claim as Fraud in Order to Circumvent Statute of Limitations
By Will Jordan
Plaintiff brought suit against a law firm for legal malpractice and included “allegations of defendants’ fraudulent conduct.” The legal malpractice claims were barred by the statute of limitations. The court held that the fraud claim, which was subject to a longer statute of limitations, were duplicative of the legal malpractice claim and could not be used “to circumvent the shorter statute of limitations for legal malpractice.”
Hsu v. Liu & Shields LLP, 2015 N.Y. Slip Op. 03084 (N.Y. Supreme Court April 14, 2015).
Read the full opinion here (opinion starts on p. 59).