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BENEDICT v. ESTATE OF GEORGE J. NOUMAIR

289 A.D.2d 71 (2001)

733 N.Y.S.2d 867

PATRICIA E. BENEDICT et al., Appellants, v. ESTATE OF GEORGE J. NOUMAIR, Deceased, et al., Respondents.

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

Decided December 11, 2001.

Inasmuch as the claims for legal malpractice and breach of fiduciary duty comprising plaintiffs' complaint accrued in 1991, when the alleged malpractice and breach, i.e., the failure to record a mortgage after a closing, occurred (see, Shumsky v Eisenstein, 96 N.Y.2d 164, 166; Glamm v Allen, 57 N.Y.2d 87, 95), the complaint, filed in 1999, is time barred (see, CPLR 214 [6]; see...

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