Opinion
Argued November 20, 2000.
December 12, 2000.
In an action to recover damages for legal malpractice, the defendants appeal from an order of the Supreme Court, Nassau County (Adams, J.), dated November 9, 1999, which granted the plaintiffs' motion to dismiss the first affirmative defense based on the Statute of Limitations, and denied their cross motion to dismiss the complaint as time-barred.
L'Abbate, Balkan, Colavita Contini, LLP, Garden City, N Y (Peter L. Contini of counsel), for appellants.
Fischbein Badillo Wagner Harding, New York, N.Y. (Bruce N. Lederman of counsel), for respondents.
Before: CORNELIUS J. O'BRIEN, J.P., FRED T. SANTUCCI, HOWARD MILLER ROBERT W. SCHMIDT, 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 as a result of the defendants' continuous representation of the plaintiffs (see, Fourth Ocean Putnam Corp v. Gencorelli, 200 A.D.2d 711; Fourth Ocean Putnam Corp. v. Suburbia Fed. Sav. Loan Assn., 124 A.D.2d 550). The defendants' legal services were related to the matter from which the malpractice claim arose (see, Weiss v. Manfredi, 83 N.Y.2d 974; Glamm v. Allen, 57 N.Y.2d 87; Lee v. Smith, 272 A.D.2d 526; Luk Lamellen U. Kupplungbau GmbH v. Lerner, 166 A.D.2d 505).