Shumsky v. Eisenstein, 750 N.E.2d 67 (N.Y. 2001). · Go Syfert
Shumsky v. Eisenstein, 750 N.E.2d 67 (N.Y. 2001). Cases Citing This Book View Copy Cite
479 citation events (476 in the last 25 years) across 22 distinct courts.
Strongest positive: Esposito v. Gary (nysd, 2020-08-10)
Treatment trajectory · 2000 → 2026 · click a year to view as-of
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Top citers, strongest first. 50 distinct citers. How cited ↗
examined Cited as authority (verbatim quote) Esposito v. Gary
S.D.N.Y. · 2020 · quote attribution · 1 verbatim quote · confidence high
in the context of a legal malpractice action, the continuous representation doctrine tolls the statute of limitations only where the continuing representation pertains specifically to the matter in which the attorney committed the alleged malpractice.
examined Cited as authority (verbatim quote) Esposito v. Gary
S.D.N.Y. · 2020 · quote attribution · 1 verbatim quote · confidence high
in the context of a legal malpractice action, the continuous representation doctrine tolls the statute of limitations only where the continuing representation pertains specifically to the matter in which the attorney committed the alleged malpractice.
examined Cited as authority (quoted) Mohamed v. Donald J. Nolan, Ltd. (3×)
E.D.N.Y · 2013 · quote attribution · 3 verbatim quotes · confidence low
an action to recover damages for legal malpractice accrues when the malpractice is committed.
examined Cited as authority (quoted) Nobile v. Schwartz (3×)
2d Cir. · 2000 · quote attribution · 3 verbatim quotes · confidence low
application of the continuous representation or treatment doctrine is ... generally limited to the course of representation concerning a specific legal matter
discussed Cited as authority (rule) Link Motion Inc. v. DLA Piper LLP (us)
N.Y. App. Div. · 2026 · confidence medium
These communications to and from plaintiff refute any allegations to the contrary, as well as the allegations that the legal representation continued after that date until at least February 4, 2019 (<i>see Shumsky v Eisenstein</i>, 96 NY2d 164, 171 [2001] ["even when further representation concerning the specific matter in which the attorney allegedly committed the complained of malpractice is needed and contemplated by the client, the continuous representation toll would nonetheless end once the client is informed or otherwise put on notice of the attorney's withdrawal from representation"]; …
discussed Cited as authority (rule) Kuzar v. Spar & Bernstein
Civ. Ct. NYC, NY Cty. · 2026 · confidence medium
In a legal malpractice action, the continuous representation doctrine tolls the statute of limitations only where the continuing representation pertains specifically to the matter in which the attorney committed the alleged malpractice ( Shumsky v Eisenstein , 96 NY2d 164, 168 [2001]).
discussed Cited as authority (rule) Holly J. Sheldon-Lee v. Birch Horton Bittner, Inc., David K. Gross, and Mara E. Michaletz (2×)
Alaska · 2025 · confidence medium
Id. 41 See id. at 1281, 1283 n.4; Wettanen, 749 P.2d at 365 . 42 See, e.g., Laird v. Blacker, 828 P.2d 691, 698 (Cal. 1992); Shumsky v. Eisenstein, 750 N.E.2d 67, 70 (N.Y. 2001); Smith v. Stacy, 482 S.E.2d 115, 120-21 (W.
discussed Cited as authority (rule) 99th Ave. Holdings, LLC v. Schatz
N.Y. Sup. Ct., New York Cty. · 2025 · confidence medium
Electron Devices (USA) LLC v Menter, Rudin & Trivelpiece, P.C., 71 AD3d 1512, 1513 [4th Dept 2010]). "[T]he continuous representation doctrine tolls the statute of limitations only where the continuing representation pertains specifically to the matter in which the attorney committed the alleged malpractice" (Shumsky v Eisenstein, 96 NY2d 164, 168 [2001]; see Davis v Cohen & Gresser, LLP, 160 AD3d 484 , 486 [1st Dept 2018] [finding that in order to establish continuous representation, the related matters must be "part of a continuing, interconnected representation").
cited Cited as authority (rule) Island Consol. v. Grassi & Co., Certified Public Accountants PC
N.Y. Sup. Ct., New York Cty. · 2025 · confidence medium
Citing Shumsky v Eisenstein ( 96 NY2d 164, 168 [2001]), plaintiffs assert that "[f]or accounting malpractice, the statute of limitations begins to run when the accounting representation is completed.
discussed Cited as authority (rule) Dellwood Dev., Ltd. v. Coffinas Law Firm, PLLC
N.Y. App. Div. · 2024 · confidence medium
Since it is impossible to envision a situation where commencing a malpractice suit would not affect the professional relationship, the rule of continuous representation tolls the running of the Statute of Limitations on the malpractice claim until the ongoing representation is completed" ( Shumsky v Eisenstein , 96 NY2d 164, 167-168 [internal quotation marks omitted]).
discussed Cited as authority (rule) Mehmeti v. Karlin (2×)
N.Y. App. Div. · 2024 · confidence medium
"An action to recover damages for legal malpractice accrues when the malpractice is committed" ( Shumsky v Eisenstein , 96 NY2d 164, 166 [2001]).
discussed Cited as authority (rule) Page v. Ellenoff Grossman & Schole LLP
2d Cir. · 2024 · confidence medium
However, it does not apply to a “continuing general relationship with a lawyer” that involves “only routine contact for miscellaneous legal representation . . . unrelated to the matter upon which the allegations of malpractice are predicated.” Shumsky v. Eisenstein, 96 N.Y.2d 164, 168 (2001).
discussed Cited as authority (rule) FTF Lending, LLC v. Mavrides, Moyal, Packman & Sadkin, LLP
N.Y. Sup. Ct., New York Cty. · 2024 · confidence medium
First, defendants' argument that plaintiffs claims are time-barred ignores that the three-year statute of limitation period begins to run when the alleged malpractice occurs (see Shumsky v Eisenstein, 96 NY2d 164, 166 [2001]).
discussed Cited as authority (rule) Gagliardi v. Prager Metis CPAs LLC
S.D.N.Y. · 2024 · confidence medium
Lipper Convertibles, L.P. v. PricewaterhouseCoopers LLP, 872 N.E.2d 842, 846 (N.Y. 2007) (quoting Shumsky v. Eisenstein, 750 N.E.2d 67, 70 (N.Y. 2001)) (“[A] person seeking professional assistance has a right to repose confidence in the professional’s ability and good faith, and realistically cannot be expected to question and assess the techniques employed or the manner in which the services are rendered.”); King v. Fox, 418 F.3d 121, 133 (2d Cir. 2005) (quoting Greene v. Greene, 436 N.E.2d 496, 500 (N.Y. 1982)) (same).
discussed Cited as authority (rule) Sebco Dev., Inc. v. Siegel & Reiner, LLP
N.Y. Sup. Ct., Bronx Cty. · 2024 · confidence medium
Moreover, a cause of action for legal malpractice accrues and the statute of limitations begins to run on the date the alleged malpractice occurs ( Shumsky v Eisenstein , 96 NY2d 164, 166 [2001]; Glamm v Allen , 57 NY2d 87, 93 [1982].
discussed Cited as authority (rule) Sebco Dev., Inc. v. Siegel & Reiner, LLP
N.Y. Sup. Ct., Bronx Cty. · 2024 · confidence medium
Moreover, a cause of action for legal malpractice accrues and the statute of limitations begins to run on the date the alleged malpractice occurs ( Shumsky v Eisenstein , 96 NY2d 164, 166 [2001]; Glamm v Allen , 57 NY2d 87, 93 [1982].
cited Cited as authority (rule) Repicci v. Jarvis
2d Cir. · 2023 · confidence medium
Shumsky v. Eisenstein, 96 N.Y.2d 164, 169 (2001).
discussed Cited as authority (rule) Page v. Ellenoff Grossman & Schole LLP (2×)
S.D.N.Y. · 2023 · confidence medium
Ltd., 751 F.3d 64 , 68–69 (2d Cir. 2014) (disregarding plaintiffs’ extrinsic evidence and dismissing their claim for breach of contract at the pleading stage because the contract at issue was complete and unambiguous). 6 The parties do not dispute that New York law applies. (citing Shumsky v. Eisenstein, 96 N.Y.2d 164, 166 (2001)).
discussed Cited as authority (rule) Link Motion Inc. v. DLA Piper LLP (US)
S.D.N.Y. · 2023 · confidence medium
The purpose of the continuous representation doctrine is to recognize “that a person seeking professional assistance has a right to repose confidence in the professional’s ability and good faith, and realistically cannot be expected to question and assess the techniques employed or manner in which the services are rendered.” MIG, Inc. v. Paul, Weiss, Rifkind, Wharton & Garrison, L.L.P., 710 F. Supp. 2d 518, 525 (S.D.N.Y. 2010) (quoting Shumsky v. Eisenstein, 96 N.Y.2d 164, 167 (N.Y. 2001)).
discussed Cited as authority (rule) Kralik v. Marai
N.Y. App. Div. · 2023 · confidence medium
Although the claim accrued on November 4, 2017, when defendant filed for arbitration of the underlying claims on plaintiff's behalf, the statute of limitations was tolled until the conclusion of the arbitration proceeding on October 10, 2018, when the underlying claims were dismissed, under the continuous representation doctrine ( see Shumsky v Eisenstein , 96 NY2d 164, 168 [2001]).
discussed Cited as authority (rule) Ellison v. Seltzer
N.Y. App. Div. · 2022 · confidence medium
While the claim accrued at the latest on September 23, 2016, the continuous representation doctrine tolled the statute of limitations until December 8, 2016, when defendants informed plaintiff that they would not represent him on his appeal in the underlying employment action, but plaintiff did not commence this action until December 13, 2019 ( see Shumsky v Eisenstein , 96 NY2d 164, 170-171 [2001]).
discussed Cited as authority (rule) Ambac Assurance Corporation v. US Bank National Association (2×) also: Cited "see, e.g."
S.D.N.Y. · 2022 · confidence medium
E.D.N.Y. 2009), aff'd, 426 B.R. 435 (E.D.N.Y. 2010), aff'd, 645 F.3d 186 (2d Cir. 2011) (debtor’s claim that a trustee breached fiduciary duty by failing to prosecute estate’s claims accrued on “the date that the underlying causes of action expired”); Shumsky v. Eisenstein, 96 N.Y.2d 164, 166 (2001) (holding that the “legal malpractice cause of action against defendant accrued . .. when the Statute of Limitations expired on the underlying breach of contract action”).
discussed Cited as authority (rule) Abrahami v. Meister Seelig & Fein LLP
S.D.N.Y. · 2022 · confidence medium
Under New York law, a legal malpractice claim accrues “when the malpractice is committed,” Shumsky v. Eisenstein, 96 N.Y.2d 164, 166 (2001), not when “the damages develop or become quantifiable or certain,” Woodson ex rel.
cited Cited as authority (rule) Morgan & Mendel Genomics, Inc. v. Amster Rothstein & Ebenstein, LLP
N.Y. App. Div. · 2022 · confidence medium
The malpractice accrues, and the limitation period starts running, when the act, error, or omission occurs ( Shumsky v Einstein , 96 NY2d 164, 166 [2001]).
discussed Cited as authority (rule) Goodman v. Weiss, Zarett, Brofman, Sonnenklar & Levy, P.C.
N.Y. App. Div. · 2021 · confidence medium
Application of the continuous representation doctrine is generally "limited to the course of representation concerning a specific legal matter . . . ; [t]he concern, of course, is whether there has been continuous [representation], and not merely a continuing relation" between the client and the lawyer ( Shumsky v Eisenstein , 96 NY2d at 168 [internal quotation marks omitted]).
discussed Cited as authority (rule) Ray-Roseman v. Lippes Mathias Wexler Friedman, LLP
N.Y. App. Div. · 2021 · confidence medium
The continuous representation doctrine tolls the limitations period "where there is a mutual understanding of the need for further representation on the specific subject matter underlying the malpractice claim" ( McCoy , 99 NY2d at 306 ), and " 'where the continuing representation pertains specifically to [that] matter' " ( International Electron Devices [USA] LLC v Menter, Rudin & Trivelpiece, P.C. , 71 AD3d 1512, 1513 [4th Dept 2010], quoting Shumsky v Eisenstein , 96 NY2d 164, 168 [2001]).
discussed Cited as authority (rule) Esposito v. Gary
2d Cir. · 2021 · confidence medium
Shumsky v. Eisenstein, 96 N.Y.2d 164, 168 (2001); see also Nobile v. Schwartz, 56 F. App’x 525, 526 (2d Cir. 2003). 2 The doctrine is predicated on “continuing trust and confidence in the relationship between the parties,” and therefore it ceases to toll the statute after the relationship of trust and confidence between the client and attorney has ended.
discussed Cited as authority (rule) Schwenger v. Weitz, Kleinick & Weitz, LLP
N.Y. App. Div. · 2021 · confidence medium
Where, as here, defendants were retained in writing to represent plaintiff in all proceedings before the Workers' Compensation Board related to his claim, plaintiff made a sufficient showing of a continuing relationship with regard to that proceeding to support his contention of continuous representation ( Shumsky v Eisenstein , 96 NY2d 164, 168 [2001]).
discussed Cited as authority (rule) Schwenger v. Weitz, Kleinick & Weitz, LLP
N.Y. App. Div. · 2021 · confidence medium
Where, as here, defendants were retained in writing to represent plaintiff in all proceedings before the Workers' Compensation Board related to his claim, plaintiff made a sufficient showing of a continuing relationship with regard to that proceeding to support his contention of continuous representation ( Shumsky v Eisenstein , 96 NY2d 164, 168 [2001]).
discussed Cited as authority (rule) Lavelle-Tomko v. Aswad & Ingraham
N.Y. App. Div. · 2021 · confidence medium
"This doctrine applies where there is continuing trust and confidence in the relationship between the parties and the attorney's continuing representation pertains to the specific matter in which the attorney committed the [*3]alleged malpractice, not merely the continuity of a general professional relationship" ( Deep v Boies , 53 AD3d 948, 950 [2008] [internal quotation marks and citations omitted]; see McCoy v Feinman , 99 NY2d at 306 ; Shumsky v Eisenstein , 96 NY2d 164, 168 [2001]; Deep v Boies , 121 AD3d 1316 , 1318 [2014], lv denied 25 NY3d 903 [2015]).
discussed Cited as authority (rule) Homapour v. Harounian
N.Y. App. Div. · 2020 · confidence medium
We note that plaintiffs' reliance on the continuous representation doctrine ( see Shumsky v Eisenstein , 96 NY2d 164, 167-168 [2001]) in arguing for a global tolling of the statute of limitations is misplaced, as each Family LLC is a discrete client ( see Tiffany Gen.
discussed Cited as authority (rule) Marzario v. Snitow Kanfer Holzer & Millus, LLP
N.Y. App. Div. · 2019 · confidence medium
An action to recover damages arising from an attorney's malpractice must be commenced within three years of accrual ( McCoy v Feinman , 99 NY2d 295, 301 [2002], citing CPLR 214[6]), and the claim accrues when the malpractice is committed ( Shumsky v Eisenstein , 96 NY2d 164, 166 [2001]).
discussed Cited as authority (rule) Etzion v. Blank Rome, LLP (2×) also: Cited "see, e.g."
N.Y. App. Div. · 2019 · confidence medium
The motion court correctly found that this action, which was commenced 12 years after the divorce action ended, is barred by the applicable three-year statute of limitations ( see Shumsky v Eisenstein , 96 NY2d 164, 166 [2001]; CPLR 214[6]).
discussed Cited as authority (rule) Groisman v. Goldberg & Rimberg PLLC (2×)
S.D.N.Y. · 2019 · confidence medium
But New York courts have held that a plaintiff’s legal malpractice claim against an attorney who is no longer representing him accrues “when the malpractice is committed,” Shumsky v. Eisenstein, 96 N.Y.2d 164, 166 (2001), and not when “the damages develop or become quantifiable or certain,” Woodson ex rel.
discussed Cited as authority (rule) RJR Mech. Inc. v. Ruvoldt
N.Y. App. Div. · 2019 · confidence medium
Generally, tolling under the continuous representation doctrine "end[s] once the client is informed or otherwise put on notice of the attorney's withdrawal from representation" ( Shumsky v Eisenstein , 96 NY2d 164, 171 [2001]).
discussed Cited as authority (rule) Braten v. Kaplan
2d Cir. · 2018 · confidence medium
However, under the continuous representation doctrine, the statute of 2 limitations is tolled while there is a “mutual understanding of the need for further representation on the specific subject matter underlying the malpractice claim,” Zorn v. Gilbert, 8 N.Y. 3d 933, 934 (2007) (quoting McCoy, 99 N.Y.2d at 306 ), such that the parties reasonably intend “their professional relationship of trust and confidence . . . would continue,” Shumsky v. Eisenstein, 96 N.Y.2d 164, 170 (2001).
discussed Cited as authority (rule) Davis v. Cohen & Gresser, LLP
N.Y. App. Div. · 2018 · confidence medium
Davis cannot rely on the continuous representation doctrine to toll the statute of limitations as the doctrine "tolls the Statute of Limitations only where the continuing representation pertains specifically to the matter in which the attorney committed the alleged malpractice" ( see Shumsky v Eisenstein , 96 NY2d 164, 168 [2001]).
discussed Cited as authority (rule) Encalada v. McCarthy, Chachanover & Rosado, LLP
N.Y. App. Div. · 2018 · confidence medium
Under the continuous representation doctrine, a person seeking professional assistance is placed in a difficult position if required to sue his or her attorney while the attorney continues to represent them on a particular legal matter ( Shumsky v Eisenstein , 96 NY2d 164, 167-168 [2001]).
discussed Cited as authority (rule) Knobel v. Wei Group, LLP
N.Y. App. Div. · 2018 · confidence medium
The invoices in the record do not indicate that after March 12, 2012 defendants performed any substantive legal work or provided any legal advice on the matters which plaintiffs allege defendants committed malpractice ( see Shumsky v Eisenstein , 96 NY2d 164, 168 [2001]).
cited Cited as authority (rule) Hershco v. Gordon & Gordon
N.Y. App. Div. · 2017 · confidence medium
The limitations period begins to run from the time of the alleged malpractice (see Shumsky v Eisenstein, 96 NY2d 164, 166 [2001]).
discussed Cited as authority (rule) Collins Bros. Moving Corp. v. Pierleoni
N.Y. App. Div. · 2017 · confidence medium
A prerequisite for the application of the continuous representation doctrine is that the relationship be continuous with respect to the matter in which the malpractice was alleged; a general professional relationship involving only routine contact is not sufficient (see Williamson v PricewaterhouseCoopers LLP, 9 NY3d 1, 9-10 [2007]; Shumsky v Eisenstein, 96 NY2d 164, 168 [2001]; Rodeo Family Enters., LLC v Matte, 99 AD3d 781 , 784 [2012]).
discussed Cited as authority (rule) Cordero v. Koval Retjig & Dean PLLC
N.Y. App. Div. · 2017 · confidence medium
Although Koval claims he subsequently left the new firm and did not take plaintiff’s case with him, there is no evidence that plaintiff was ever informed of, or had objective notice of, Koval’s departure such as to end the continuous representation circumstance and the tolling of the statute of limitations (see Shumsky v Eisenstein, 96 NY2d 164, 167-169, 170 [2001]).
discussed Cited as authority (rule) Collins v. Felder
S.D.N.Y. · 2017 · confidence medium
The three-year statute of limitations governing professional malpractice actions under New York state law “accrues when the malpractice is committed.” Shumsky v. Eisenstein, 96 N.Y.2d 164, 166 , 750 N.E.2d 67, 69 , 726 N.Y.S.2d 365, 367 (2001); N.Y.
discussed Cited as authority (rule) Stein Industries, Inc. v. Certilman Balin Adler & Hyman, LLP (2×) also: Cited "see"
N.Y. App. Div. · 2017 · confidence medium
A claim to recover damages for legal malpractice accrues when the malpractice is committed (see Shumsky v Eisenstein, 96 NY2d 164, 166 [2001]; Aqua-Trol Corp. v Wilentz, Goldman & Spitzer, P.A., 144 AD3d 956, 957 [2016]).
cited Cited as authority (rule) Aqua-Trol Corp. v. Wilentz, Goldman & Spitzer, P.A.
N.Y. App. Div. · 2016 · confidence medium
A claim to recover damages for legal malpractice accrues at the time the malpractice is committed (see Shumsky v Eisenstein, 96 NY2d 164, 166 [2001]; Forage v Ehrenberg, 124 AD3d 159, 164 [2014]).
discussed Cited as authority (rule) Billiard Balls Management, LLC v. Mintzer Sarowitz Zeris Ledva & Meyers, LLP
N.Y. Sup. Ct. · 2016 · confidence medium
The “continuous representation toll . . . nonetheless end[s] once the client is informed or otherwise put on notice of the attorney’s withdrawal from representation” (Shumsky v Eisenstein, 96 NY2d 164, 170-171 [2001] [continuous representation doctrine tolled the limitations period for plaintiffs’ malpractice claim until plaintiffs were put on notice of the attorney’s withdrawal from representation]). .
discussed Cited as authority (rule) Hahn v. Dewey & LeBoeuf Liquidation Trust
N.Y. App. Div. · 2016 · confidence medium
Although plaintiffs claim not to have discovered that this advice was incorrect until years later, “ ‘[w]hat is important is when the malpractice was committed, not when the client discovered it’ ” (McCoy v Feinman, 99 NY2d at 301 , quoting Shumsky v Eisenstein, 96 NY2d 164, 166 [2001]).
discussed Cited as authority (rule) Davis v. Cohen & Gresser LLP (2×)
N.Y. Sup. Ct. · 2016 · confidence medium
Given the documentary evidence showing that the estate had retained another attorney for the purpose of representation in the RICO action, it cannot be concluded that Luke was left with the reasonable impression that CG was actively addressing the estate's legal needs in that action ( compare Shumsky v Eisenstein, 96 NY2d 164, 169 [2001]).
examined Cited as authority (rule) Rohe v. Bertine, Hufnagel, Headley, Zeltner, Drummon & Dohn, LLP (4×) also: Cited "see, e.g."
S.D.N.Y. · 2016 · confidence medium
Instead, the continuous representation doctrine only tolls the statute of limitations if there is “a mutual understanding” by both client and professional that made each “acutely aware of [the] need for further representation on the specific subject matter underlying the malpractice claim.” Shumsky v. Eisenstein, 96 N.Y.2d 164 , 726 N.Y.S.2d 365 , 750 N.E.2d 67, 72 (2001).
discussed Cited as authority (rule) CRC Litigation Trust v. Marcum, LLP
N.Y. App. Div. · 2015 · confidence medium
Thus, the toll effected by the bankruptcy filing was of no consequence with respect to the running of the statute of limitations (see CPLR 214 [6]; 11 USC § 108 [a]; Williamson v PricewaterhouseCoopers LLP, 9 NY3d at 8, 10-11 ; Shumsky v Eisenstein, 96 NY2d 164, 171 [2001]; Symbol Tech., Inc. v Deloitte & Touche, LLP, 69 AD3d at 196 ).
Retrieving the full opinion text from the archive…
David Shumsky Et Al., Appellants,
v.
Paul Eisenstein, Respondent
New York Court of Appeals.
May 10, 2001.
750 N.E.2d 67
2001 N.Y. LEXIS 1096
POINTS OF COUNSEL, Eric A. Klein, New York City, for appellants., Paul Eisenstein, Woodbury, respondent pro se.
Levine.
Cited by 206 opinions  |  Published
2 passages pin-cited by 2 cases
Pinpoint authority: bottom 89%
Citer courts: Second Circuit (3) · E.D. New York (3)

OPINION OF THE COURT

Levine, J.

In April 1993, plaintiffs David Shumsky and Marjorie Scheiber retained defendant Paul Eisenstein, an attorney, for the specific purpose of commencing an action against Charles Fleischer, a home inspector, for breach of contract. Defendant did not contact plaintiffs to keep them informed and, in fact, avoided plaintiffs’ inquiries regarding the status of the matter.

In response to a formal disciplinary grievance plaintiffs filed against him in September of 1997, defendant admitted that he had failed to commence the action against Fleischer before the Statute of Limitations had expired in March of 1994 and stated that, after two years, when his clients finally contacted him, he was “too embarrassed to discuss the matter and put it off.” * Thereafter, on December 5, 1997, plaintiffs commenced this legal malpractice action against defendant, sounding in both contract and tort. Defendant moved for summary judgment[*166] dismissing the complaint on the ground that plaintiffs’ action was barred by the three-year Statute of Limitations, since the malpractice occurred in March 1994 when defendant failed to commence the action against Fleischer. Supreme Court denied defendant’s motion, concluding that the continuous representation doctrine tolled the limitations period at least until defendant finally revealed, in 1997, that he had failed to timely commence plaintiffs’ action against the home inspector.

The Appellate Division reversed, granted defendant’s motion and dismissed the complaint. The court held that, on these facts, the doctrine of continuous representation was not applicable to toll the limitations period. Because plaintiffs’ contract action was never commenced and defendant “ ‘did nothing to foster the impression or to lull [the] plaintiff into believing that the action [against Fleischer] was proceeding,’ ” the Appellate Division held that defendant was not representing plaintiffs in their contract action against Fleischer (270 AD2d 245, 246 [quoting Muller v Sturman, 79 AD2d 482, 486] [brackets in original]). We granted leave to appeal and now reverse.

An action to recover damages for legal malpractice accrues when the malpractice is committed (see, Glamm v Allen, 57 NY2d 87, 93). “What is important is when the malpractice was committed, not when the client discovered it” (id., at 95). Here, plaintiffs’ legal malpractice cause of action against defendant accrued in March of 1994, when the Statute of Limitations had expired on the underlying breach of contract action plaintiffs retained defendant to commence.

Effective September 4, 1996, CPLR 214 (6) was amended, shortening the limitations period in nonmedical malpractice claims from six to three years to the extent that the claims sought breach-of-contract damages, and directing that a uniform limitations period applied “regardless of whether the underlying theory is based in contract or tort” (CPLR 214 [6], as amended by L 1996, ch 623). At the time plaintiffs’ legal malpractice action against defendant accrued, however, legal malpractice actions, when based upon a contract theory, were governed by the six-year limitations period applicable to contract actions (see, Sears, Roebuck & Co. v Enco Assocs., 43 NY2d 389, 395-396; Santulli v Englert, Reilly & McHugh, 78 NY2d 700, 707-708).

In Brothers v Florence and its companion cases (95 NY2d 290), this Court upheld the application of the 1996 amendment to CPLR 214 (6) to previously accrued claims by affording[*167] litigants a “reasonable opportunity” after the amendment’s effective date to commence an otherwise time-barred action. The Court determined that, for those cases not immediately time-barred as of the 1996 amendment’s effective date, litigants would have “no less than one year from the amendment’s effective date to bring suit” (Brothers [Early v Rossback], supra, 95 NY2d, at 306). Further, where nonmedical malpractice plaintiffs would have more than one year left to commence an action under the newly amended Statute of Limitations, those plaintiffs were entitled to the full time remaining under the three-year limitations period (see, id., at 306 n).

Like the action at issue in Early v Rossback, plaintiffs’ action here was not immediately time-barred upon the 1996 amendment’s effective date. Instead, there were still six months remaining in which to bring suit against defendant for his failure to commence plaintiffs’ breach of contract claim against Fleischer. Thus, under the bright-line rule articulated by this Court in Brothers v Florence and its companion cases, the limitations period did not expire until September 4, 1997, one year from the effective date of the 1996 amendment. Because plaintiffs did not commence this action until December 5, 1997, just over three months later, plaintiffs’ action is time-barred unless the continuous representation doctrine is available and applies to these facts.

The continuous representation doctrine, like the continuous treatment rule, its counterpart with respect to medical malpractice claims, “recognizes that a person seeking professional assistance has a right to repose confidence in the professional’s ability and good faith, and realistically cannot be expected to question and assess the techniques employed or the manner in which the services are rendered” (Greene v Greene, 56 NY2d 86, 94). The doctrine also appreciates the client’s dilemma if required to sue the attorney while the latter’s representation on the matter at issue is ongoing:

“Neither is a person expected to jeopardize his pending case or his relationship with the attorney handling that case during the period that the attorney continues to represent the person. Since it is impossible to envision a situation where commencing a malpractice suit would not affect the professional relationship, the rule of continuous representation tolls the running of the Statute of Limitations on the malpractice claim until the[*168] ongoing representation is completed” (Glamm v Allen, supra, 57 NY2d, at 94).

Application of the continuous representation or treatment doctrine is nonetheless generally limited to the course of representation concerning a specific legal matter or of treatment of a specific ailment or complaint; “[t]he concern, of course, is whether there has been continuous treatment, and not merely a continuing relation between physician and patient” (McDermott v Torre, 56 NY2d 399, 405). Thus, the doctrine is not applicable to a client’s or patient’s continuing general relationship with a lawyer or physician involving only routine contact for miscellaneous legal representation or medical care, unrelated to the matter upon which the allegations of malpractice are predicated (see, Young v New York City Health & Hosps. Corp., 91 NY2d 291, 296; Nykorchuck v Henriques, 78 NY2d 255; Glamm v Allen, supra, 57 NY2d, at 94). Instead, in the context of a legal malpractice action, the continuous representation doctrine tolls the Statute of Limitations only where the continuing representation pertains specifically to the matter in which the attorney committed the alleged malpractice (see, Glamm, supra, at 94; see also, Weiss v Manfredi, 83 NY2d 974, 977).

While it is true that this Court and others have held that a professional’s failure to take action or provide services necessary to protect a client’s or patient’s interests does not, standing alone, constitute representation or treatment for purposes of tolling the Statute of Limitations (see, e.g., Young v New York City Health & Hosps. Corp., supra, 91 NY2d, at 296-297; Ashmead v Groper, 251 AD2d 716), we reject defendant’s contention, and the Appellate Division’s conclusion, that the instant matter falls within that category of cases. The court below relied on Ashmead v Groper (supra), a case in which the plaintiff retained the defendant attorney in 1981 to represent him in his pursuit of workers’ compensation benefits. Shortly after the attorney had been retained, the plaintiff received an award based upon an established average weekly wage and, in May of 1984, the case was closed by the Workers’ Compensation Board. In 1995 the plaintiff commenced a legal malpractice action alleging negligence in establishing plaintiff’s average weekly wage. The timeliness of that action turned on whether the continuous representation doctrine tolled the applicable limitations period from May of 1984 until September 1992, when plaintiff had obtained another lawyer. In concluding that the doctrine did not apply to toll the limitations pe[*169] riod, the Appellate Division noted that because “plaintiff was unaware of the need for any further legal services in connection with his workers’ compensation claim, he was not faced with the dilemma that gave rise to the continuous treatment/ representation doctrine” (id., at 717 [citing Young v New York City Health & Hosps. Corp., 91 NY2d 291, supra]).

Similarly, Young v New York City Health & Hosps. Corp. (supra) involved a malpractice suit alleging failure to timely diagnose and treat plaintiff’s breast cancer. There, a mammogram report had recommended a biopsy to rule out any malignancy but that recommendation was never communicated to plaintiff, even upon her return visits for treatment of an unrelated condition. Looking to the underlying purpose behind the continuous treatment doctrine — to avoid undermining the continuing trust developing between a professional and his or her client or patient — this Court determined that the doctrine was not applicable in the absence of contemplated subsequent treatment because “a patient who is not aware of the need for further treatment of a condition is not faced with the dilemma that the doctrine is designed to prevent” (Young, supra, 91 NY2d, at 296 [citing Allende v New York City Health & Hosps. Corp., 90 NY2d 333, 337-338; Rizk v Cohen, 73 NY2d 98, 104]). Even in Young, however, this Court did recognize that treatment does not “necessarily terminate upon a patient’s last visit if further care or monitoring of the condition is ‘explicitly anticipated by both physician and patient’” (id., at 296 [quoting Richardson v Orentreich, 64 NY2d 896, 898]).

This case is distinguishable from both Ashmead and Young. In those cases, the plaintiffs were unaware of any need for further legal services or medical treatment, and there was no mutual understanding with the professional that further services were needed in connection with the specific subject matter out of which the malpractice arose. By contrast, plaintiffs here were acutely aware of such need for further representation on the specific subject matter underlying the malpractice claim and there was a mutual understanding to that effect. Moreover, the record indisputably established that plaintiffs were left with the reasonable impression that defendant was, in fact, actively addressing their legal needs. Thus, this case is most analogous to, and controlled by, this Court’s decisions in both Richardson v Orentreich (supra) and the earlier decided McDermott v Torre (56 NY2d 399, supra).

In McDermott v Torre (supra), this Court held that the continuous treatment doctrine would apply to toll the limita-

[*170] tions period where, after the alleged malpractice had occurred, the plaintiff had returned to the defendant doctor seeking not only medical attention for unrelated ailments, but also to complain about continued pain related to the very condition giving rise to the malpractice claim. The Court noted that even a complete discharge of a patient by a physician did not necessarily preclude a finding of continuing treatment because “[i]ncluded within the scope of ‘continuous treatment’ is a timely r turn visit instigated by the patient to complain about and seek treatment for a matter related to the initial treatment” (id., at 406). In Richardson (supra), this Court adhered to that rule, concluding that “where the physician and patient reasonably intend the patient’s uninterrupted reliance upon the physician’s observation, directions, concern, and responsibility for overseeing the patient’s progress, the requirement for continuous care and treatment for the purpose of the Statute of Limitations is certainly satisfied” (supra, 64 NY2d, at 899).

By a parity of reasoning, “continuous representation” in the context of a legal malpractice action does not automatically come to an end where, as here, pursuant to a retainer agreement, an attorney and client both explicitly anticipate continued representation. Plaintiffs retained defendant for the sole purpose of pursuing their specific contract claim. Thus, upon signing the retainer agreement, plaintiffs and the defendant reasonably intended that their professional relationship of trust and confidence — focused entirely upon the very matter in which the alleged malpractice was committed — would continue. Indeed, even in his letter to the Grievance Committee, defendant acknowledged that his services had been retained specifically to “investigate, research and prosecute their claim against Fleischer” — the equivalent of a “course of treatment” in the legal malpractice context. Moreover, like the “timely return visit instigated by the patient” in McDermott, plaintiffs’ attempt to contact defendant on at least one occasion, in October of 1996, inquiring about the status of their case and requesting a letter in response, confirms this understanding and supports application of the doctrine here. Accordingly, this case appears to fall well within that realm of continuous professional services already recognized by this Court in the medical malpractice context.

Of course, even when further representation concerning the specific matter in which the attorney allegedly committed the complained of malpractice is needed and contemplated by the client, the continuous representation toll would nonetheless[*171] end once the client is informed or otherwise put on notice of the attorney’s withdrawal from representation. Here, at the earliest, plaintiffs may have received reasonable notice of defendant’s withdrawal from representation upon defendant’s interminable failure to respond to their telephone inquiries of October 18, 1996. We thus conclude that, on these facts, defendant was continuously representing plaintiffs at least until, after his extended failure to return their telephone inquiries of October 1996, they may have been put on sufficient notice that the representation had ceased. Even calculating the limitations period from that time, this action, brought just under 14 months from that date, was still timely.

Accordingly, the order of the Appellate Division should be reversed, with costs, and defendant’s motion for summary judgment denied.

Chief Judge Kaye and Judges Smith, Ciparick, Wesley, Rosenblatt and Graffeo concur.

Order reversed, etc.

*

In September 1998, the Grievance Committee for the Tenth Judicial District concluded that defendant’s actions constituted a breach of the Code of Professional Responsibility and issued a Letter of Admonition to the attorney.