In Britt v. Legal Aid Socy. (95 N.Y.2d 443 [2000]) the Court held that a cause of action for legal malpractice in a criminal case accrues on the date the indictment is dismissed because it is not until that date that all elements of the tort, including the innocence of the plaintiff of the crimes for which he was charged, could be truthfully asserted (Id. at 447). The Court reasoned that because a plaintiff in such cases must allege his or her innocence or a colorable claim of innocence of the underlying offense to state a cause of action, it is not until the indictment is dismissed that all elements of the tort, including the innocence of the plaintiff of the crimes for which he was charged, could be truthfully asserted (Id. at 447.)