You are here: / / Plaintiff’s Proof Was Insufficient to Show an Interconnected Attorney-Client...
, ,

Plaintiff’s Proof Was Insufficient to Show an Interconnected Attorney-Client Relationship—Continuing Representation Doctrine Did Not Apply to Toll Statute of Limitations

The Third Department determined the “continuing representation doctrine” did not toll the statute of limitations in a legal malpractice action.  Plaintiff could not show an “interconnected” attorney-client relationship:

At all times, it was plaintiff’s burden to prove that the continuous representation doctrine applied here … . During the trial, even plaintiff conceded that while it was his hope that he would receive legal advice and guidance, neither [defendant] ever formally agreed to represent him … . * * * Plaintiff did not provide any written work product, nor was he able to recall the substantive content of any of the conversations he claims he had with [defendant]. In our view, Supreme Court was within its authority to credit the testimony of [defendants] that there was no legal relationship between them. Rather, because it was plaintiff alone who believed that he was being represented by [defendants], Supreme Court properly found that he did not establish the existence of an “interconnected” attorney-client relationship … . Accordingly, Supreme Court properly dismissed the complaint as barred by the statute of limitations. Deep v Boies, 2014 NY Slip Op 07215, 3rd Dept 10-23-14

 

You might also like
Questions of Fact Whether Picnic Table Near the Edge of a Porch Was a Dangerous Condition and Whether the Condition Was Open and Obvious
PETITIONER STARTED PROCEEDINGS CONCERNING THE EXECUTOR’S HANDLING OF DECEDENT’S ASSETS IN SURROGATE’S COURT; AFTER RELIEF WAS DENIED WITHOUT PREJUDICE PETITIONER STARTED SIMILAR PROCEEDINGS IN SUPREME COURT, A COURT OF CONCURRENT JURISDICTION; THE EXECUTOR’S MOTION TO TRANSFER THAT PROCEEDING TO SURROGATE’S COURT SHOULD HAVE BEEN GRANTED (THIRD DEPT).
THE CO-DEFENDANT’S REDACTED STATEMENT SHOULD NOT HAVE BEEN ADMITTED IN EVIDENCE BECAUSE IT WAS CLEAR THE REDACTED PORTIONS REFERRED TO DEFENDANT AND WERE INCULPATORY, NEW TRIAL ORDERED (THIRD DEPT).
“Exigent Circumstances” Exception to Search Warrant Requirement Applied
NON-USE ALONE DOES NOT AMOUNT TO ABANDONMENT OF AN EASEMENT, RPAPL 1951 CANNOT BE USED TO RETROACTIVELY EXTINGUISH AN EASEMENT ON SOMEONE ELSE’S LAND.
IN THIS BICYCLE ACCIDENT CASE, WHETHER A ONE-AND-A-QUARTER-INCH GAP IN THE ROADWAY WAS “OPEN AND OBVIOUS AND NOT INHERENTLY DANGEROUS” SHOULD NOT HAVE BEEN DETERMINED AS A MATTER OF LAW; IT IS A QUESTION FOR THE JURY BASED ON ALL THE CIRCUMSTANCES (THIRD DEPT).
ANNOUNCING A NEW RULE GOVERNING THE DISCLOSURE OF PROSPECTIVE EXPERT WITNESS’S QUALIFICATIONS IN MEDICAL MALPRACTICE ACTIONS, THE THIRD DEPT REQUIRES COMPLETE DISCLOSURE OF THE QUALIFICATIONS, EVEN IF SUCH DISCLOSURE FACILITATES THE IDENTIFICATION OF THE WITNESS (THIRD DEPT).
DEFENDANT’S PRESENCE WHERE METHAMPHETAMINE WAS BEING PRODUCED AND APPARENT POSSESSION (IN A BACKPACK) OF CHEMICAL REAGENTS (BATTERIES AND SALT) USED IN METH PRODUCTION, WERE INSUFFICIENT TO DEMONSTRATE CONSTRUCTIVE POSSESSION OF METH LAB EQUIPMENT, CONVICTIONS REVERSED (THIRD DEPT).

Categories

Sign Up for the Mailing List to Be Notified When the Site Is Updated.

  • This field is for validation purposes and should be left unchanged.

Copyright © 2026 New York Appellate Digest, Inc.
Site by CurlyHost | Privacy Policy

Review Criteria Re: Nonjury Trials Explained/Violation of Vehicle and Traffic... Order Re: an Easement Allowing Plaintiffs Access to a Lake Was Specific Enough...