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GML, INC. v. CINQUE & CINQUE, P.C.

35 A.D.3d 195 (2006)

825 N.Y.S.2d 212

GML, INC., et al., Appellants, v. CINQUE & CINQUE, P.C., et al., Respondents.

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

Decided December 7, 2006.

The court properly applied CPLR 202 in dismissing the action as time-barred, since Tennessee has a one-year statute of limitations for legal malpractice actions. The tolling provision in the Tennessee statute was not available to plaintiffs, since they were not Tennessee residents (see Barbour v Erwin, 14 Lea [82 Tenn] 716, 719-720 [1885]; Cellura v Cellura, 24 A.D.2d 59 [1965]), and since Tennessee has a provision for service...

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