DiGennaro Secured a Pre-Answer Dismissal of Legal Malpractice Claim

Janice DiGennaro secured dismissal of a legal malpractice action in New York County Supreme Court on statute of limitations grounds despite application of the continuous representation toll.  The Court agreed that the defendants offered “undeniable evidentiary proof” that the toll ended as a matter of law more than three years before commencement of the action, when the client requested its legal file, demonstrating a lack of trust and confidence.  The Court rejected the claim that delay in moving to withdraw proved continuous representation.

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