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ANN SPINALE v. TENZER GREENBLATT, LLP

309 A.D.2d 632 (2003)

765 N.Y.S.2d 786

MARY ANN SPINALE et al., Appellants, v. TENZER GREENBLATT, LLP, Respondent.

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

Decided October 21, 2003.

In determining the applicable statutory period, the reality and essence of a cause of action, rather than what its proponent has named it, governs (see Bunker v Bunker, 80 A.D.2d 817, 818 [1981], citing Brick v Cohn-Hall-Marx Co., 276 N.Y. 259, 264 [1937]). Although plaintiffs pleaded causes of action nominally for restitution and unjust enrichment, those causes are based on the same allegations as their causes for legal malpractice...

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