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BROTHERS v. FLORENCE

95 N.Y.2d 290 (2000)

716 N.Y.S.2d 367

739 N.E.2d 733

KAREN W. BROTHERS, as Special Guardian of PETER MUELLER, et al., Appellants, v. WILLIAM J. FLORENCE, Respondent. JAMES P. EARLY et al., Appellants, v. FRANK ROSSBACK et al., Respondents, et al., Defendants. KARL EASTON, Appellant, v. JOEL S. SANKEL et al., Respondents. PETER RACHIMI, Appellant, v. ROBINSON BROG LEINWAND GREENE GENOVESE & GLUCK, P. C., et al., Respondents.

Court of Appeals of the State of New York.

Decided October 19, 2000.

Attorney(s) appearing for the Case

Snow, Atticks & Hollo, L. L. C., Madison, Connecticut (Leslie S. Hollo of counsel), for appellants in the first above-entitled action.

Florence & Smith, Peekskill (Russell A. Smith of counsel), for respondent in the first above-entitled actions.

Charles E. Berg, South Huntington, for appellants in the second above-entitled action.

Ciarelli & Dempsey, Melville (John L. Ciarelli and Andrew D. Lunetta of counsel), for respondents in the second above-entitled action.

Doron Zanani, New York City, for appellant in the third above-entitled action.

Donohue, Sabo, Varley & Armstrong, P. C., Albany (Joshua A. Sabo of counsel), for respondents in the third above-entitled action.

Eliot Spitzer, Attorney General, Albany (Laura Etlinger, Preeta D. Bansal, Daniel Smirlock and Peter H. Schiff of counsel), in his statutory capacity under Executive Law § 71 in the first, second and third above-entitled actions.

Tracie A. Sundack, L. L. C., White Plains (Tracie A. Sundack and Jeffrey R. Pollack of counsel), for appellant in the fourth above-entitled action.

Robinson Brog Leinwand Greene Genovese & Gluck, P. C., New York City (Philip T. Simpson and Shira B. Rothschild of counsel), pro se, and for Robert A. Schachter, respondent in the fourth above-entitled action.

Chief Judge KAYE and Judges SMITH, CIPARICK, WESLEY and ROSENBLATT concur.

OPINION OF THE COURT

LEVINE, J.

On September 4, 1996, the Governor signed into law a statute amending CPLR 214 (6) to shorten the limitations period in nonmedical malpractice claims to three years "regardless of whether the underlying theory is based in contract or tort" (CPLR 214 [6], as amended by L 1996, ch 623). The amendment was to "take effect immediately" (L 1996, ch 623, § 2). In each of these appeals, the malpractice actions were brought

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