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BOESKY v. LEVINE

Case No. 2018-6041. 2018-6042. 2018-6060. 2018-6061.

193 A.D.3d 403 (2021)

147 N.Y.S.3d 2

2021 NY Slip Op 02059

Stuart J. Boesky et al., Appellants, v. Harold Levine et al., Respondents, et al., Defendant.

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

Decided April 1, 2021.

Attorney(s) appearing for the Case

Izower Feldman, LLP, Garden City ( Stephanie R. Feldman of counsel), for appellants.

DLA Piper LLP (US), New York ( Joseph Kernen of counsel), for Harold Levine, respondent.

Joseph Hage Aaronson LLC, New York ( Gregory P. Joseph of counsel), for Herrick, Feinstein LLP, respondent.

Emmet, Marvin & Martin, LLP, New York ( Paul T. Weinstein of counsel), for Moritt Hock & Hamroff LLP, respondent.

Locke Lord LLP, New York ( Ira G. Greenberg of counsel), for Mazars USA LLP, respondent.

Concur—Acosta, P.J., Kapnick, Webber, Kennedy, JJ.

The motion court properly dismissed as time barred the legal malpractice claims that pertain to legal services received from Levine and Herrick Feinstein from 2002-2005. The complaint does not allege that at the time defendant Levine provided legal services to plaintiffs regarding structuring and investing in the tax shelters from 2002-2005, the parties contemplated future services in connection therewith. Nor does the complaint contain allegations that there was continuous...

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