WALSH v. WALLACE LAW OFF.

Index No. 153280/20. Appeal No. 15630. Case No. 2021-00510.

203 A.D.3d 684 (2022)

163 N.Y.S.3d 407

2022 NY Slip Op 02218

Jeffrey Walsh, Appellant, v. Wallace Law Office et al., Respondents, et al., Defendant.

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

Decided March 31, 2022.


Attorney(s) appearing for the Case

Parker Waichman LLP, Port Washington ( Jay L.T. Breakstone of counsel), for appellant.

Winget, Spadafora & Schwartzberg, LLP, New York ( Anthony D. Green of counsel), for respondents.

Concur—Renwick, J.P., Gesmer, Singh, Rodriguez, JJ.


Defendants established prima facie that this legal malpractice action was time-barred, as it was commenced on May 26, 2020, more than three years from the date it accrued. The three-year statute of limitations began to run on March 16, 2017, when a consent to change attorney form was executed by plaintiff, defendant Wallace Law Office, and defendant Leav & Steinberg, LLP (L&S), the incoming counsel (CPLR 214[6]; Frost Line Refrig., Inc. v Gastwirth, Mirsky &...

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