Opinion
2002-06029
Argued March 28, 2003.
May 5, 2003.
In an action, inter alia, to recover damages for legal malpractice, the plaintiffs appeal from an order of the Supreme Court, Nassau County (Carter, J.), dated May 21, 2002, which granted the separate motions of the defendants Richard S. Gershman and Bernstein Gershman, P.C., and the defendant Marshall A. Bernstein for summary judgment dismissing the complaint insofar as asserted against them.
John P. O'Donnell (Charles J. Diven, Jr., Peekskill, N.Y., of counsel), for appellants.
Peterson Ross, LLC, New York, N.Y. (Michael F. McGowan of counsel), for respondents Richard S. Gershman and Bernstein and Gershman, P.C.
Steinberg Cavaliere, LLP, White Plains, N.Y. (Neil W. Silberblatt of counsel), for respondent Marshall A. Bernstein.
Before: FRED T. SANTUCCI, J.P., GABRIEL M. KRAUSMAN, STEPHEN G. CRANE, WILLIAM F. MASTRO, JJ.
DECISION ORDER
ORDERED that the order is affirmed, with one bill of costs to the respondents appearing separately and filing separate briefs.
Under CPLR 214(6), "[a] cause of action to recover damages for legal malpractice accrues on the date the malpractice was committed, not when the client discovered it" (Julian v. Carroll, 270 A.D.2d 457; see Glamm v. Allen, 57 N.Y.2d 87, 95; Goicoechea v. Law Offs. of Stephen R. Kihl, 234 A.D.2d 507, 508). Here, the Supreme Court properly granted the defendants' motions for summary judgment dismissing the complaint insofar as asserted against them since the plaintiffs failed to allege a single act or omission of legal malpractice committed by the defendants within the applicable three-year limitations period.
The plaintiffs' remaining contentions either are without merit or need not be reached in light of our determination.
SANTUCCI, J.P., KRAUSMAN, CRANE and MASTRO, JJ., concur.