Opinion
2002-08111
Argued October 3, 2003.
November 17, 2003.
In an action, inter alia, to recover damages for legal malpractice, the plaintiff appeals, as limited by his brief, from so much of an order of the Supreme Court, Kings County (Kramer, J.), dated July 11, 2002, as granted the motion of the defendants Handwerker, Marchelos Gayner and Steve Marchelos, and the separate motions of the defendants Michael Handwerker and Charles J. Gayner, to dismiss the cause of action to recover damages for legal malpractice insofar as asserted against them on the ground that it is barred by the statute of limitations.
Worby Groner Edelman, LLP, White Plains, N.Y. (John Raymond Mechmann, Jr., and William H. Groner of counsel), for appellant.
White, Fleischner Fino, LLP, New York, N.Y. (Evan Richman of counsel), for respondents Handwerker, Marchelos Gayner and Steve Marchelos.
Kaufman Borgeest Ryan, New York, N.Y. (A. Michael Furman and Christine Heenan of counsel), for respondent Michael Handwerker.
Morgan, Melhuish, Monaghan, Arvidson, Abrutyn Lisowski, New York, N.Y. (Anthony D. Grande of counsel), for respondent Charles J. Gayner.
Before: MYRIAM J. ALTMAN, J.P., ANITA R. FLORIO, WILLIAM D. FRIEDMANN, WILLIAM F. MASTRO, JJ.
DECISION ORDER
ORDERED that the order is affirmed insofar as appealed from, with one bill of costs payable to the respondents appearing separately and filing separate briefs.
The Supreme Court properly determined that, upon the execution of a consent to change attorney form on November 5, 1998, the law firm of Handwerker, Marchelos Gayner ceased to represent the plaintiff ( see Wester v. Sussman, 287 A.D.2d 618; Elliott v. Jacobs, 221 A.D.2d 889). The continuous representation doctrine does not apply since there is no evidence of an ongoing, continuous, developing, and dependent relationship between the plaintiff and the law firm after that date ( see Piliero v. Adler Stavros, 282 A.D.2d 511, 512; Wester v. Sussman, supra). Accordingly, the cause of action alleging legal malpractice is barred by the statute of limitations ( see CPLR 214).
ALTMAN, J.P., FLORIO, FRIEDMANN and MASTRO, JJ., concur.