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LEON PETROLEUM, LLC v. CARL S. LEVINE & ASSOCIATES, P.C.

2009-10877.

80 A.D.3d 573 (2011)

914 N.Y.S.2d 661

LEON PETROLEUM, LLC, et al., Respondents-Appellants, v. CARL S. LEVINE & ASSOCIATES, P.C., Also Known as CSL HOLDINGS, INC., et al., Appellants-Respondents.

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

Decided January 11, 2011.

Ordered that the order is affirmed insofar as appealed and cross-appealed from, without costs or disbursements.

"An action to recover damages arising from an attorney's malpractice must be commenced within three years from accrual" (McCoy v Feinman, 99 N.Y.2d 295, 301 [2002]; see CPLR 214 [6]). The defendants established their prima facie entitlement to judgment as a matter of law based on the defense of the statute...

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