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MERRITT v. BLUMENTHAL

6338, 603673/08

90 A.D.3d 514 (2011)

934 N.Y.S.2d 308

2011 NY Slip Op 9014

LINDA MERRITT, Appellant, v. MICHAEL V. BLUMENTHAL, Respondent, et al., Defendants.

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

Decided December 15, 2011.

The motion court correctly applied CPLR 202, New York's "borrowing statute," in finding that plaintiff's claims of transactional malpractice are untimely under the governing two-year Pennsylvania statute of limitations (see 42 Pa Cons Stat § 5524 [3]). Plaintiff never argued before the motion court, as she does now on appeal, that the Florida statute of limitations should apply to her malpractice claims, or that those...

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