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WAGGONER v. CARUSO

189.

68 A.D.3d 1 (2009)

2009 NY Slip Op 6739

886 N.Y.S.2d 368

J. VIRGIL WAGGONER et al., Appellants, v. KENNETH A. CARUSO et al., Respondents.

Appellate Division of the Supreme Court of New York, First Department.

Decided September 29, 2009.

Attorney(s) appearing for the Case

W. Asa Hutchinson, Rogers, Arkansas, of the Arkansas bar, admitted pro hac vice, Helms & Greene, LLC, New York City (James J. Mahon of counsel), and Christopher S. Rooney, New York City, for appellants.

Paterson Belknap Webb & Tyler LLP, New York City (Frederick B. Warder III and Rosanne E. Felicello of counsel), for Kenneth A. Caruso, respondent.

Bracewell & Giuliani LLP, New York City (Daniel S. Connolly and Michael Kuhn of counsel), for Bracewell & Giuliani LLP, respondent.

Chadbourne & Parke LLP, New York City (Thomas J. Hall and Eric Przybylko of counsel), for Chadbourne & Parke LLP, respondent.

Pillsbury Winthrop Shaw Pittman LLP, New York City (David G. Keyko, E. Leo Milonas and Ryan G. Kriger of counsel), for Pillsbury Winthrop Shaw Pittman LLP, respondent.

SAXE, J.P., BUCKLEY and FREEDMAN, JJ., concur.

OPINION OF THE COURT

DeGRASSE, J.

The issues on this appeal involve the facial sufficiency of a legal malpractice complaint as well as the applicability of the continuous representation doctrine. The following allegations are set forth in the amended verified complaint. Beginning in 1996, plaintiff Waggoner was lured by Lisa Duperier, an acquaintance, into investing $10 million in a supposed high-yield investment program (HYIP). Duperier persuaded Waggoner...

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