Archive

Judiciary Law § 487

Limitations in Attorney-Deceit Cases

February 9, 2015
CPLR 213, CPLR 214, Judiciary Law § 487, Limitations
1 Comment

Melcher v Greenberg Traurig, LLP,

23 N.Y.3d 10, 988 N.Y.S.2d 101 [2014]

The Court of Appeals here revisits the ancient history behind the attorney-deceit statute, Judiciary Law § 487, to determine the applicable statute of limitations for claims arising under it. Since that statute imposes treble damages for claims arising out of attorney deceit, one might consider that such claims are to recover on a liability or penalty created or imposed by statute, and hence subject to the three-year limitations period of CPLR 214 (2).

The Court held, however, that the cause arises from New York common law and therefore falls within the six-year catch-all limitations period of CPLR 213 (1). This action, commenced more than three years after the allegedly deceitful acts, but less than six years, was therefore held to be timely.

There is an important caveat for claims asserted as part of legal malpractice actions, which I will discuss at the end. Read More

Continuous Representation II: Fixing the End of the Representation

January 22, 2015
CPLR 213, CPLR 214, CPLR 321, Judiciary Law § 487, Limitations
1 Comment

Farage v Ehrenberg, ___ AD3d ___,

996 NYS2d 646, 2014 NY Slip Op 07977 [2d Dept., 2014]

This is the second in a three-part series concerning the continuous representation toll in legal malpractice cases. The issue here was where to fix the end of the representation, and hence the end of the toll and the commencement of the limitations period. The precise question was whether the representation necessarily extended until the date a Change of Attorney form was filed, or whether it had ended at some earlier date. The Court held that the determination was fact-specific, but that an earlier date could indeed be established, and an earlier date had in fact had been established here. The action was therefore dismissed as time-barred.

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