MARK v. DECHERT, LLP


58 A.D.3d 553 (2009)

872 N.Y.S.2d 105

ANDREW MARK, Individually and Derivatively on Behalf of SMART TONE AUTHENTICATION, INC., and SMART TONE, INC., et al., Appellants, v. DECHERT, LLP, Formerly Known as DECHERT PRICE & RHOADS, LLP, Respondent.

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

January 27, 2009.


Plaintiffs' legal malpractice claim is barred by the statute of limitations (CPLR 214 [6]), which began to run in January 2000, when the merger of the corporate plaintiffs was completed and defendant law firm filed the merger documents. Even assuming plaintiffs could sustain their allegations that defendant represented them with respect to the merger, the complaint would have to be dismissed because their claim of continued representation is without merit (see West Vil...

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