MELNITZKY v. HOLLANDER


16 A.D.3d 192 (2005)

791 N.Y.S.2d 96

MICHAEL MELNITZKY, Appellant, v. RONALD HOLLANDER, Respondent.

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

March 10, 2005.


The causes of action for legal malpractice and breach of contract, which allege that defendant misrepresented that he would continue to advise plaintiff in the underlying action notwithstanding his formal withdrawal, were properly dismissed upon unrefuted evidence that the parties' last communication involving the subject matter of the representation occurred almost five years before the commencement of the action (CPLR 214 [6]; see Shumsky v Eisenstein,

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