RYAN v. BORG


88 A.D.2d 637 (1982)

John C. Ryan, Respondent, v. Harold Borg, Appellant

Appellate Division of the Supreme Court of the State of New York, Second Department.

May 17, 1982


Order reversed, without costs or disbursements, the defendant's motion is to be treated as a motion for summary judgment pursuant to CPLR 3211 (subd [c]), and the matter is remitted to Special Term for a hearing consistent herewith.

The date when the attorney-client relationship terminated, and hence, whether the action is time barred, cannot be established from the conflicting evidence in the record. Pursuant to CPLR 3211 (subd [c]) there should be an immediate trial...

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