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RACHLIN v. LaROSSA

Appellate Division of the Supreme Court of New York, Second Department.
Jun 14, 2004
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DECISION ORDER

ORDERED that the order is affirmed insofar as appealed from, with costs.

The Supreme Court properly granted the defendants' motion for summary judgment dismissing the complaint. The defendants demonstrated prima facie that so much of the plaintiff's complaint as alleged legal malpractice based on their representation of him in a civil action was barred by the three-year statute of limitations ( see CPLR 214; Alicanti v. Bianco, 2 A.D.3d 373). In opposition, the plaintiff failed to raise a triable question of fact as to whether the statute of limitations was tolled by the doctrine of continuous representation ( see Clark v. Jacobson, 202 A.D.2d 466).

In light of our determination, it is unnecessary to address the plaintiff's remaining contentions.

ALTMAN, J.P., GOLDSTEIN, ADAMS and SKELOS, JJ., concur.