Flannery v. Singer Asset Finance Co., LLC

Summary

The court held that the plaintiff adequately invoked the continuing course of conduct doctrine despite not expressly labeling it in his pleadings because the defendant had actual notice of the theory and suffered no prejudice. Nevertheless, the doctrine did not toll the limitations periods because the defendant owed no continuing duty to the plaintiff, engaged in no post-transaction misconduct, and the attorney's later conduct occurred after the limitations periods had expired. The court therefore affirmed summary judgment for the defendant. No separate opinions were filed.