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HENRY J. LEE, ET AL., RESPONDENTS, v. ALLEN M. SMITH, ETC., ET AL., APPELLANTS.

DECISION ORDER

ORDERED that the order is affirmed, with costs.

Contrary to the defendants' contention, the applicable Statute of Limitations (see, Santulli v. Englert, Reilly McHugh, 78 N.Y.2d 700) was tolled since they continuously represented the plaintiffs by performing legal services in connection with obtaining approvals from the Town of Riverhead for the development of the plaintiffs' parcel. Those legal services were related to the matter from which the malpractice claim arose (see, Weiss v. Manfredi, 83 N.Y.2d 974; Kuritzky v. Sirlin Sirlin, 231 A.D.2d 607; Luk Lamellen U. Kupplungbau GmbH v. Lerner, 166 A.D.2d 505).

RITTER, J.P., SULLIVAN, ALTMAN and FEUERSTEIN, JJ., concur.

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LEE v. SMITH
(May 22, 2000)