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MATTER OF KLIMENT (McKINSEY & CO.)

3 A.D.3d 143 (2004)

770 N.Y.S.2d 329

In the Matter of the Arbitration between R.M. KLIMENT & FRANCES HALSBAND, ARCHITECTS, Appellant, and McKINSEY & COMPANY, INC., Respondent.

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

January 13, 2004.

Attorney(s) appearing for the Case

Ingram Yuzek Gainen Carroll & Bertolotti, LLP (Larry F. Gainen and Joan Walter of counsel), for appellant.

Stroock & Stroock & Lavan LLP (Brian M. Cogan and Tom A. Hakemi of counsel), for respondent.

ELLERIN, WILLIAMS, LERNER and GONZALEZ, JJ., concur.

OPINION OF THE COURT

ANDRIAS, J.P.

The question presented is whether respondent's claim sounding in breach of contract, but essentially alleging professional malpractice, is barred by the three-year period of limitations of CPLR 214 (6).

CPLR 214 (6) provides that an action to recover damages for malpractice, other than medical, dental or podiatric malpractice, must be commenced within three years, regardless of whether the underlying theory is based...

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