NICKEL v. TORTORA


57 A.D.3d 496 (2008)

867 N.Y.S.2d 704

GEORGE NICKEL, Appellant, v. GOLDSMITH & TORTORA, ATTORNEYS AT LAW, P.C., Respondent.

Appellate Division of the Supreme Court of New York, Second Department.

December 2, 2008.


Ordered that the order is affirmed, with costs.

The Supreme Court correctly, in effect, granted that branch of the defendant's motion which was to dismiss the complaint pursuant to CPLR 3211 (a) (5) as time-barred. The plaintiff's cause of action to recover damages for legal malpractice is subject to a three-year statute of limitations (see CPLR 214 [6]). Since the cause of action accrued no later than May 2002 and was not interposed until June 2007 it was...

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