Too Late for This Legal Malpractice Case

Sclafani v Kahn  2019 NY Slip Op 01115  Decided on February 13, 2019 is an example of how the  Appellate Division, Second Department decides statute of limitation / continuous representation cases.  This legal malpractice claim arises from a loan closing where security for the loan was not handled. “In January 2015, the plaintiffs commenced this action, inter alia, to recover damages for legal malpractice allegedly committed by the defendants at the closing of a loan on June 24, 2009. The defendants represented the plaintiffs at the closing, and the plaintiffs alleged that, as part of that transaction, the defendants were supposed to, but did not, negotiate security from the borrower for the loan by obtaining a mortgage against certain real property located in Orangeburg. The defendants Paul B. Kahn and Kahn & Licker, LLP, moved, and the defendant Diversified Land Services, Ltd., separately moved, pursuant to CPLR 3211(a) to dismiss the…

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