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JEMIMA O. v. SCHWARTZAPFEL, P.C.

10412. 154971/17.

178 A.D.3d 474 (2019)

115 N.Y.S.3d 244

2019 NY Slip Op 08793

Jemima O., Individually and as Parent and Natural Guardian of J.N. and Another, Appellant, v. Schwartzapfel, P.C., et al., Respondents, et al., Defendants.

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

Decided December 10, 2019.

Attorney(s) appearing for the Case

Quainton Law, PLLC, New York ( Eden P. Quainton of counsel), for appellant.

Cruser, Mitchell, Novitz, Sanchez, Gaston & Zimet, LLP, Farmingdale ( Rondiene E. Novitz of counsel), for respondents.

Concur—Richter, J.P., Manzanet-Daniels, Gische, Webber, Kern, JJ.

The motion court correctly found that plaintiff's causes of action for legal malpractice, violation of Judiciary Law § 487, negligent misrepresentation and negligent infliction of emotional distress were time-barred as they accrued on September 10, 2013, at the latest, and plaintiff did not commence the instant action until May 31, 2017, over eight months after the applicable three-year statute of limitations had already expired (see CPLR 214; Benjamin v Allstate...

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