Fourth Department — Legal Malpractice: R. Brooks Associates Inc. v. Harter, Secrest, & Emery LLP

Appellate Division, Fourth Department

Legal Malpractice

Statute of Limitations — Continuous Representation

R. Brooks Associates Inc. v. Harter, Secrest, & Emery LLP
CA 11-01472
Appealed from Supreme Court, Wayne County

Background: The defendant appealed from an order that denied its motion for summary judgment dismissing the plaintiff’s claim for legal malpractice. The defendant argued that the action was time barred. In opposition, the plaintiff argued that the continuous representation doctrine applied, tolling the statute of limitations.

Ruling: The Appellate Division reversed. The plaintiff had submitted bills from the defendant for legal work performed three years of the commencement of the action, but the bills were not related to the work on the matter subject to the malpractice action. The evidence submitted by the defendant to establish that the last work it performed with respect to the matter under scrutiny took place in 2001. The Appellate Division held that the evidence submitted merely established an extended relationship between the parties.

David Rothenberg of Geiger and Rothenberg LLP for the defendant-appellant; Matthew J. Kelly of Roemer Wallens Gold & Mineaux LLP for the plaintiff-respondent