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PACE v. HOROWITZ

Index No. 161206/18. Appeal No. 12951. Case No. 2020-02054.

190 A.D.3d 619 (2021)

2021 NY Slip Op 00392

Meghan Pace et al., Appellants, v. Steven A. Horowitz, Defendant, and Henry Klosowski et al., Respondents.

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

Decided January 26, 2021.

Attorney(s) appearing for the Case

Blank Rome LLP, New York ( Martin S. Krezalek of counsel), for appellants.

L'Abbate, Balkan, Colavita & Contini, LLP, Garden City ( Marian C. Rice and Meredith D. Belkin of counsel), for respondents.

Concur—Gische, J.P., Kern, Moulton, Shulman, JJ.

The court correctly determined that plaintiffs failed to show that there is an issue of fact as to whether the legal malpractice claim was timely filed based on the application of the continuous representation doctrine toll (see Marzario v Snitow Kanfer Holzer & Millus, LLP, 178 A.D.3d 527, 528 [1st Dept 2019]). The continuous representation doctrine toll does not apply based merely on the existence of an ongoing professional relationship, but only where the particular...

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