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Amateur Hockey Assn. of the U.S. v. Parson

Appellate Division of the Supreme Court of New York, First Department
Nov 18, 1997
244 A.D.2d 222 (N.Y. App. Div. 1997)

Opinion

November 18, 1997

Appeal from the Supreme Court, New York County (Stuart Cohen, J.).


We agree with the motion court that an issue of fact exists as to whether defendants continuously represented plaintiff after the alleged malpractice, so as to toll the Statute of Limitations. The factual issue is raised by, among other things, defendants' invoices for services rendered after the alleged malpractice. CPLR 214 (6) applies only to cases commenced after its enactment, not the situation here (see, Board of Mgrs. v Mandel, 235 A.D.2d 382; Estate of Re v. Kornstein Veisz Wexler, 958 F. Supp. 907, 918-919). We also agree with the motion court that, on the merits, issues of fact exist as to whether defendants, in negotiating and preparing the exclusive rights agreement, exercised that degree of skill, care and diligence commonly possessed by legal practitioners.

Concur — Ellerin, J. P., Williams, Tom and Mazzarelli, JJ.


Summaries of

Amateur Hockey Assn. of the U.S. v. Parson

Appellate Division of the Supreme Court of New York, First Department
Nov 18, 1997
244 A.D.2d 222 (N.Y. App. Div. 1997)
Case details for

Amateur Hockey Assn. of the U.S. v. Parson

Case Details

Full title:AMATEUR HOCKEY ASSOCIATION OF THE UNITED STATES (Currently Known as U.S.A…

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

Date published: Nov 18, 1997

Citations

244 A.D.2d 222 (N.Y. App. Div. 1997)
664 N.Y.S.2d 919

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