WELLS FARGO HOME MORTGAGE, INC. v. ZEICHNER, ELLMAN & KRAUSE, LLP


5 A.D.3d 128 (2004)

771 N.Y.S.2d 892

WELLS FARGO HOME MORTGAGE, INC., Appellant, v. ZEICHNER, ELLMAN & KRAUSE, LLP, et al., Respondents, et al., Defendants.

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

March 2, 2004.


Plaintiff terminated defendants' representation and retained new counsel in July 1998. Commencement of this action in July 2002, after purported discovery of the malpractice, ran afoul of the three-year statute of limitations (CPLR 214 [6]; Julian v Carroll, 270 A.D.2d 457 [2000]). The period of limitations in a legal malpractice action begins to run when the malpractice is committed, which...

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