BURKE v. LAW OFFICES OF LANDAU

The IAS court correctly concluded that defendant law firm was not entitled to dismissal of the legal malpractice cause of action against it as a matter of law, where it notified plaintiff merely 33 days before expiration of the statutory period that the firm was declining to represent plaintiff in her contemplated medical malpractice action, and further failed to specifically call her attention to the number of days remaining before the Statute of Limitations expired. Rather, under the circumstances, a question of fact is presented as to whether this conduct constituted a breach of a duty owed to plaintiff.

THIS CONSTITUTES THE DECISION AND ORDER OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.