New York’s Appellate Division rejects one of the most creative efforts to circumvent the statute of limitations for legal malpractice claims, ABA LPL eAdvisory

By Brett A. Scher and Jonathan B. Isaacson
(April 2013)

In Access Point Medical, LLC v. Mandell, 2013 App. Div. LEXIS 2131, 2013 NY Slip Op 2208 (1st Dept April 2, 2013), New York’s Appellate Division rejected several creative and unique arguments raised by a plaintiff attempting to avoid the three–year statute of limitations applicable to legal malpractice claims in New York. In doing so, the Court broadened and strengthened existing New York law, rejecting yet another effort to circumvent the statute of limitations on legal malpractice claims through creatively plead causes of action.