GONZALEZ v. ELLENBERG


300 A.D.2d 173 (2002)

752 N.Y.S.2d 302

NICHOLAS J. GONZALEZ, Respondent, v. MICHAEL ELLENBERG et al., Appellants, et al., Defendant.

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

Decided December 24, 2002.


Plaintiff doctor's complaint, alleging legal malpractice against the attorney defendants, was timely, having been interposed within three years of defendants' withdrawal as plaintiff's defense counsel in the underlying medical malpractice action. Contrary to defendants' contention, the running of the statutory period was tolled during the attorney-client relationship by application of the continuous representation rule, since the representational relationship at issue was...

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