VASTANO v. ALGEIER


837 A.2d 1081 (2003)

178 N.J. 230

Anthony and Geraldine VASTANO, Plaintiffs-Appellants, v. Gary ALGEIER; Rand, Algeier, Tosti & Woodruff, P.C.; David B. Rand; Robert M. Tosti; Robert B. Woodruff; Cary J. Frieze and Rand, Algeier, Tosti, Woodruff & Frieze, Defendants-Respondents, and John Does (1-10), Defendants.

Supreme Court of New Jersey.

Decided December 18, 2003.


Attorney(s) appearing for the Case

Steven D. Cahn, Edison, argued the cause for appellants (Cahn & Parra, attorneys).

Christopher J. Carey argued the cause for respondents (Graham, Curtin & Sheridan, Morristown, attorneys; Patrick B. Minter, on the brief).


Justice ALBIN delivered the opinion of the Court.

In this legal malpractice case, we must determine when the clock began to run on the statute of limitations. The discovery rule provides that a cause of action accrues when a client suffers actual damages and knows or should reasonably know that the lawyer has breached a professional duty owed to the client. Applying that standard, the trial court found that plaintiffs failed to file their complaint within the six...

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