ESTATE OF SMULEWICZ v. MELTZER, LIPPE, GOLDSTEIN & BREITSTONE, LLP

6340 152264/16.

160 A.D.3d 543 (2018)

72 N.Y.S.3d 433

2018 NY Slip Op 02722

Estate of Renate Smulewicz, Deceased, et al., Appellants, v. Meltzer, Lippe, Goldstein & Breitstone, LLP, Respondent.

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

Decided April 19, 2018.


Defendant established its entitlement to dismissal on statute of limitation grounds by submitting evidence that the malpractice occurred in 2008, but plaintiff did not commence this action until March 2016, well beyond the three-year limitation period for legal malpractice (CPLR 214[6]; see McCoy v Feinman, 99 N.Y.2d 295, 301 [2002]; Ackerman v Price Waterhouse, 84 N.Y.2d 535, 541 [1994...

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