AMERICANA CAPITAL CORP. v. NARDELLA

7957, 604179/05.

96 A.D.3d 562 (2012)

946 N.Y.S.2d 470

2012 NY Slip Op 4927

AMERICANA CAPITAL CORP., Respondent, v. PHYLLIS NARDELLA, Executrix of ALLEN J. GOODMAN, ESQ., Deceased, Appellant.

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

June 19, 2012.


Plaintiff's legal malpractice claim was not barred by the statute of limitations (see CPLR 214 [6]). Plaintiff alleges that the deceased negligently drafted a security agreement preventing plaintiff, as the creditor, from being able to enforce the agreement as against the debtor once the debtor defaulted.

Plaintiff's legal malpractice claim accrued no earlier than when the agreement was executed, which occurred on November 29, 2002, the date of the last signature...

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