Plaintiff's complaint was properly dismissed as time-barred. At the time CPLR 214 (6) was amended to shorten the statutory limitations period for, inter alia, legal malpractice claims, plaintiff had a viable malpractice action pending in Federal court, which he thereafter freely discontinued. The stipulation of discontinuance noted that any new action for the same malpractice would not relate back to the filing of the discontinued action. Thus, when plaintiff instituted...
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