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POLLICINO v. ROMER

260 A.D.2d 52 (1999)

699 N.Y.S.2d 238

SCOTT POLLICINO, Appellant, v. ROEMER AND FEATHERSTONHAUGH, P. C., et al., Defendants, and MICHAEL S. LEVINE, Respondent.

Appellate Division of the Supreme Court of the State of New York, Third Department.

December 2, 1999.

Attorney(s) appearing for the Case

Feldman, Kleidman & Coffey, L. L. P., Fishkill (Denise M. FitzPatrick of counsel), for appellant.

L'Abbate, Balkan, Colavita & Contini, L. L. P., Garden City (Matthew K. Flanagan of counsel), for respondent.

CARDONA, P. J., MERCURE, YESAWICH JR. and MUGGLIN, JJ., concur.

OPINION OF THE COURT

MIKOLL, J.

This appeal requires us to decide a question of first impression, namely, whether in a legal malpractice action a law firm's continuous representation of a client should be imputed to a former associate for purposes of tolling the Statute of Limitations against the associate. On the particular facts presented herein, we hold that it should be and reverse the contrary determination of Supreme Court.

On April 11, 1989...

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