Opinion
(1767) CA 01-01038
December 21, 2001.
(Appeal from Order of Supreme Court, Onondaga County, Centra, J. — Dismiss Pleading.)
PRESENT: GREEN, J.P., HAYES, HURLBUTT, BURNS AND LAWTON, JJ.
Order unanimously affirmed without costs.
Memorandum:
Supreme Court properly granted defendants' cross motions seeking dismissal of the complaint in this legal malpractice action, filed December 16, 1999, as time-barred. Contrary to the contention of plaintiff, the continuous representation rule does not warrant a different result. Even assuming, arguendo, that defendants maintained a continuous relationship with plaintiff pursuant to the retainer agreement, we conclude that the relationship ceased to exist when plaintiff retained new counsel and sent defendants' law office a discharge letter dated October 1, 1996 ( see, Lazzaro v. Kelly, 87 A.D.2d 975, 976, affd 57 N.Y.2d 630; Piliero v. Adler Stavros, 282 A.D.2d 511, 512; Aaron v. Roemer, Wallens Mineaux, 272 A.D.2d 752, 754-755, lv dismissed 96 N.Y.2d 730; cf., Gray v. Wallman Kramer, 224 A.D.2d 275, 275-276). In view of our determination, we need not consider plaintiff's remaining contentions.