Summary
affirming dismissal of legal malpractice claims that were filed “approximately 12 years after the conclusion of any legal representation by the defendants,” noting that “ignoran[ce] of the alleged wrong does not impact upon when the causes of action accrued”
Summary of this case from Mohamed v. Donald J. Nolan, Ltd.Opinion
April 15, 1996
Appeal from the Supreme Court, Queens County (Dye, J.).
Ordered that the order is affirmed, with costs.
The law is well settled that an action to recover damages for legal malpractice accrues when the malpractice is committed ( see, Glamm v. Allen, 57 N.Y.2d 87; Tal-Spons Corp. v. Nurnberg, 213 A.D.2d 395; Johnston v. Raskin, 193 A.D.2d 786). Similarly, a cause of action to recover damages for breach of contract accrues when the breach occurs ( see, Ely-Cruikshank Co. v. Bank of Montreal, 81 N.Y.2d 399, 402; Tal-Spons Corp. v. Nurnberg, supra). Pursuant to the "continuous representation" theory, the Statute of Limitations for causes of action sounding in legal malpractice is tolled until the attorney's ongoing representation in question is completed ( see, Weiss v. Manfredi, 83 N.Y.2d 974; Glamm v. Allen, supra; Johnston v. Raskin, supra; see also, Siegel v. Kranis, 29 A.D.2d 477). In this case, the Supreme Court properly dismissed the cause of action alleging legal malpractice and breach of contract since the action was commenced approximately 12 years after the conclusion of any legal representation by the defendants. The fact that the plaintiff's decedent, who had retained the defendants, was ignorant of the alleged wrong does not impact upon when the causes of action accrued ( see, Ely-Cruikshank Co. v. Bank of Montreal, supra).
Additionally, the plaintiff's causes of action to recover damages for fraud and deceit must be dismissed since an attorney's failure to disclose malpractice does not give rise to such claims separate from the underlying malpractice cause of action ( see, Weiss v. Manfredi, supra).
We have considered the plaintiff's remaining contentions and find they are without merit. Miller, J.P., O'Brien, Copertino and Pizzuto, JJ., concur.