QUESTION

What is the Staue of limitations?

Asked on Mar 19th, 2015 on Civil Litigation - New York
More details to this question:
What is the time statue of Limitations on Legal action against an attorney /That lost his NY STATE Liscence??? How many years ?
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1 ANSWER

Appellate Practice Attorney serving New York, NY
The statute of limitations depends on what claim you are asserting.  If you are asserting that your attorney committed malpractice, the NY statute of limitations is 3 years from the malpractice, but the time would be tolled during the period that the attorney continued to represent you in the same matter.  However, if this person was not an attorney (you said that he/she lost his license), there would be no claim for attorney malpractice.  Without knowing exactly what your situation is, I can see facts which would give rise to a breach of contract claim (6 years from the breach), fraud claim (the later of 6 years from the fraud or 2 years from when you discovered or reasonably should have discovered, the fraud), or possibly other claims.
Answered on Mar 19th, 2015 at 11:29 AM

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