McCann

Plaintiff Cyril McCann brought this malpractice action against his former attorney, Jacques Welden. Welden successfully moved for a summary judgment on the ground that the statute of limitations barred suit. McCann appeals from the judgment, contending triable issues existed as to when he discovered the allegedly negligent acts and was injured thereby.

Facts

In October 1976 McCann (appellant) retained Welden (respondent) to represent him in securing a dissolution of his marriage. On May 9, 1977, an interlocutory judgment of dissolution was filed along with a stipulation drafted by respondent which provided for distribution of the community assets and for appellant’s payment of spousal support. Appellant discharged respondent in June 1977 and, dissatisfied with the terms of the stipulation, consulted other attorneys on the matter. One of these attorneys was a Mr. Barkan, who in consultations concluding in November or December 1977 advised appellant that respondent had rendered inadequate services with regard to the distribution of certain assets and that appellant might have a valid malpractice claim against him. After considering the relatively small amount he could…