Opinion
December 21, 1999
Order, Supreme Court, Bronx County (Jerry Crispino, J.), entered December 16, 1998, which denied defendants' motion to dismiss the complaint as time-barred, unanimously affirmed, with costs.
Victor Mevorah for Plaintiff-Respondent.
Gil A. Isidro and William C. Kelly for Defendants-Appellants.
NARDELLI, J.P., WILLIAMS, MAZZARELLI, WALLACH, LERNER, JJ.
Defendants' motion to dismiss was properly denied on the ground that plaintiff commenced this action sounding in breach of contract within the applicable six-year statutory period. Defendant insurance brokers and agents are not professionals and, accordingly, the three-year Statute of Limitations for malpractice (CPLR 214 ) is not applicable as a bar to plaintiff's action (see, Santiago v. 1370 Broadway Assocs., 264 A.D.2d 624; 695 N.Y.S.2d 326).
THIS CONSTITUTES THE DECISION AND ORDER OF SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.