Beshkov v Katten Muchin Rosenman LLP
Legal malpractice claim was barred under the statute of limitations and the statute of repose. The court held that, assuming that the defendant fraudulently concealed the claim, plaintiff’s claim was still barred because she had a reasonable amount of time (9 months) within which to file her action after she discovered it. The court rejected arguments that the “reasonable time” exception to the fraudulent concealment statute had been rejected by the supreme court; that the court could not decide plaintiff’s discovery date as a matter of law; and that the court could not decide what was a reasonable time to file as a matter of law.
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