Pellettieri Rabstein Altman v. Proropapas
It is generally acknowledged that the collection of attorney fees from a defaulting client is a contract action that is subject to a six year statue of limitations.
In Pelleteri, Rabstein and Altman v. Proropapas the defaulting client sought to dismiss the law firm’s action to collect their fees on the basis of the six year statute of limitation. The defendant alleged that the fee agreement was executed more than six years prior to the initiation of the law firm’s action to collect the fees.
The Appellate Division held that the six year statute of limitations was the proper statute, but that the six years runs from the date of the last payment or the termination of services whichever occurs later and not from the date the agreement.
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