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Lee v. Smith

Appellate Division of the Supreme Court of New York, Second Department
May 22, 2000
272 A.D.2d 526 (N.Y. App. Div. 2000)

Opinion

Argued April 4, 2000.

May 22, 2000.

In an action to recover damages for legal malpractice and breach of contract, the defendants appeal from an order of the Supreme Court, Suffolk County (Doyle, J.), dated May 17, 1999, which denied their motion for summary judgment dismissing the complaint.

L'Abbate, Balkan, Colavita Contini, LLP, Garden City, N Y (David B. Kosakoff and Scott E. Kossove of counsel), for appellants.

Robert A. Skoblar, New York, N.Y., for respondents.

Before: DAVID S. RITTER, J.P., THOMAS R. SULLIVAN, MYRIAM J. ALTMAN, SANDRA J. FEUERSTEIN, JJ.


DECISION ORDER

ORDERED that the order is affirmed, with costs.

Contrary to the defendants' contention, the applicable Statute of Limitations (see, Santulli v. Englert, Reilly McHugh, 78 N.Y.2d 700) was tolled since they continuously represented the plaintiffs by performing legal services in connection with obtaining approvals from the Town of Riverhead for the development of the plaintiffs' parcel. Those legal services were related to the matter from which the malpractice claim arose (see, Weiss v. Manfredi, 83 N.Y.2d 974; Kuritzky v. Sirlin Sirlin, 231 A.D.2d 607; Luk Lamellen U. Kupplungbau GmbH v. Lerner, 166 A.D.2d 505).

RITTER, J.P., SULLIVAN, ALTMAN and FEUERSTEIN, JJ., concur.


Summaries of

Lee v. Smith

Appellate Division of the Supreme Court of New York, Second Department
May 22, 2000
272 A.D.2d 526 (N.Y. App. Div. 2000)
Case details for

Lee v. Smith

Case Details

Full title:HENRY J. LEE, ET AL., RESPONDENTS, v. ALLEN M. SMITH, ETC., ET AL.…

Court:Appellate Division of the Supreme Court of New York, Second Department

Date published: May 22, 2000

Citations

272 A.D.2d 526 (N.Y. App. Div. 2000)
708 N.Y.S.2d 883

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