Presenting a three-part series on the Continuous Representation Toll

There were no fewer than three significant cases this year concerning limitations in legal malpractice cases and the continuous representation toll. I’ll present discussions of them over the next two weeks. First up will be the Court of Appeals decision in Matter of Lawrence, where the question was whether the toll applied to an action to recover gifts given to the attorneys during a prolonged estate litigation. [Spoiler alert: it didn’t.] Next will be Farage v Eisenberg, a Second Department case where the question was where to fix the end of the representation and thus the end of the toll. Finally, the First Department case of Red Zone v Cadwalader, Wickersham & Taft, illustrating the underlying rationale for the rule and the actions that may justify applying it.

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