NY – Tolling of SoL Pursuant to Continuous Representation Doctrine Ends When Client Signs Substitution of Counsel
By Will Jordan
Some states, including New York, recognize the continuous representation doctrine, which may toll the running of the statute of limitations on a legal malpractice claim during the time the attorney continues to represent the client in the matter giving rise to the alleged malpractice. The New York appellate court held that the tolling under the continuous representation doctrine ends, and the statute of limitations begins to run, at the time the client executes a consent substitution of counsel.
Alizio v. Ruskin Moscou Faltischek, P.C., 126 A.D.3d 733 (N.Y. Supreme Court, Appellate Division, Mar. 11, 2015).
Here’s the full opinion.