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CG&P Obtains Dismissal of Legal Malpractice Claim

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CG&P Obtains Dismissal of Legal Malpractice Claim

CG&P succeeded in limiting the application of the continuous representation rule in a legal malpractice action, and thus succeeded in obtaining the dismissal of the action.The plaintiff, one of Long Island’s largest fuel suppliers, had retained CG&P’s client (a New York law firm), to defend an action involving a multi-million dollar environmental contamination claim.While the action was pending, the plaintiff replaced CG&P’s client with another firm.Within three years of the signing of the consent to change attorney form, the plaintiff brought a legal malpractice action against CG&P’s client, alleging that the firm had committed malpractice in defending the environmental claim.The plaintiff asserted that, under the continuous representation rule, the statute of limitations on the claim against CG&P’s client was tolled until the consent to change attorney form was signed.CG&P moved to dismiss, arguing that its client’s continuous representation of the plaintiff ended several months before the formal consent to change attorney form was signed, when the relationship of confidence and trust between plaintiff and the firm ceased to exist.Justice Peter H. Mayer of the Supreme Court, Suffolk County, agreed and dismissed the action.The case was handled by CG&P Partner Matt Flanagan and CG&P Associate Christopher Rogers.