Commercial Litigation and Arbitration

The Statute of Limitations for a Criminal Legal Malpractice or Malicious Prosecution Plaintiff Commences Only after All Charges Have Been Disposed of in His or Her Favor — No Claim Lies While Charges Pending

Kanciper v. Lato, 2013 U.S. Dist. LEXIS 159725 (E.D.N.Y. Nov. 7, 2013):

[T]he Plaintiff's state law causes of actions accrue when the entire underlying action or proceeding is dismissed. Here, because the underlying indictment remained pending until the Appellate Division reversal, the causes of action for malicious prosecution and abuse of process did not accrue until that date. See Britt v. Legal Aid Soc., Inc., 95 N.Y.2d 443, 448, 741 N.E.2d 109, 112, 718 N.Y.S.2d 264 (2000)   ("[A] criminal legal malpractice plaintiff cannot assert innocence while the criminal charges remain pending.").   Accordingly, the Court finds that the malicious prosecution and abuse of process claims are not time-barred.

Share this article:


Recent Posts