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A Manhattan appeals panel has upheld the dismissal of fraud and legal malpractice claims brought against a prominent Manhattan litigator, his current firm and two others where he had worked.

However, the Appellate Division, 1st Department, disputed the lower court’s holding that a malpractice claim against one of his former firms was time-barred. Instead, it ruled that the statute of limitations was tolled while the attorney had continued to represent the plaintiff in the same matter, even though he had moved to a different law firm. The case is Waggoner v. Caruso, 2009 NY Slip Op 06739.

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