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http://nycourts.law.com/CourtDocumentViewer.asp?view=Document&docID=46411 Justice Lehner IN A LEGAL malpractice action, plaintiff charged that representations were made by a member of defendant law firm that former Governor Mario Cuomo would communicate with Court of Appeals judges in connection with his pending application for leave to appeal the denial of a probate challenge by which he sought return of artwork allegedly converted in 1974 by his now deceased parents. The court granted the law firm’s dismissal motion, concluding that under the three-year limitations period for replevin and conversion, the alleged malpractice occurred in 1977. Because a 1997 action in which the firm represented plaintiff was not related to plaintiff’s instant claim, the statute of limitations was not tolled by continuous representation. Citing Disciplinary Rule 7-110 and City of New York v. 17 Vista Associates, the court ruled plaintiff’s action for damages based on the firm’s alleged breach of an agreement for a member of the firm to violate the disciplinary rules was “clearly unenforceable.”

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