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CHASE RESEARCH v. NIA GROUP

96 N.Y.2d 20 (2001)

749 N.E.2d 161

725 N.Y.S.2d 592

CHASE SCIENTIFIC RESEARCH, INC., Appellant, v. NIA GROUP, INC., Also Known as NIA-KLT, et al., Respondents. GIUSEPPE GUGLIOTTA, Appellant, et al., Plaintiff, v. APOLLO ROLAND BROKERAGE, INC., Respondent, et al., Defendants.

Court of Appeals of the State of New York.

Decided March 22, 2001.

Attorney(s) appearing for the Case

Barton Barton & Plotkin, L. L. P., New York City (Scott D. Brenner and Roger E. Barton of counsel), for appellant in the first above-entitled action.

Lustig & Brown, L. L. P., New York City (Stephen C. Cunningham and Debra Miller Krebs of counsel), for respondents in the first above-entitled action.

Birbrower, Montalbano, Condon & Frank, P. C., New City (Steven H. Beldock and Valerie J. Crown of counsel), for appellant in the second above-entitled action.

Lustig & Brown, L. L. P., New York City (Stephen C. Cunningham and Debra Miller Krebs of counsel), for respondent in the second above-entitled action.

Judges SMITH, LEVINE, CIPARICK, WESLEY, ROSENBLATT and GRAFFEO concur.

OPINION OF THE COURT

Chief Judge KAYE.

Under CPLR 214 (6), a three-year statute of limitations is applicable in nonmedical malpractice actions, regardless of whether the underlying theory is based in contract or tort. The appeals now before us raise the novel issue of what "malpractice" means in this statute. Put another way, given that malpractice is professional misfeasance toward one's client, who is a...

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