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Gristede v. Morris McVeigh

Appellate Division of the Supreme Court of New York, First Department
Apr 22, 1993
192 A.D.2d 424 (N.Y. App. Div. 1993)

Opinion

April 22, 1993

Appeal from the Supreme Court, New York County (Joan Lobis, J.).


There is no merit to plaintiff's argument that the Statute of Limitations was tolled because of defendants' continuous representation. Leaving aside the question of standing arising from whether defendants represented plaintiff or a decedent whose estate is not a party, more must be pleaded than occasional, general representation (see, Olkowski v City of New York, 179 A.D.2d 570, lv denied 80 N.Y.2d 755), that is "distinct and unrelated" (Brocco v Westchester Radiological Assocs., 175 A.D.2d 903, 904) to "discrete and completed" work (Jones v Peacock, 183 A.D.2d 1039, 1041). Here, there is not even the most conclusory allegation of continuous representation regarding the decedent's last will and testament.

We have considered plaintiff's remaining arguments and find them to be either without merit or irrelevant in view of the dispositive effect of the Statute of Limitations.

Concur — Murphy, P.J., Carro, Rosenberger, Ross and Kassal, JJ.


Summaries of

Gristede v. Morris McVeigh

Appellate Division of the Supreme Court of New York, First Department
Apr 22, 1993
192 A.D.2d 424 (N.Y. App. Div. 1993)
Case details for

Gristede v. Morris McVeigh

Case Details

Full title:AMY B. GRISTEDE, Appellant, v. MORRIS McVEIGH et al., Respondents

Court:Appellate Division of the Supreme Court of New York, First Department

Date published: Apr 22, 1993

Citations

192 A.D.2d 424 (N.Y. App. Div. 1993)
597 N.Y.S.2d 6

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