Opinion
No. 12–P–851.
2013-03-4
Vincent AGNELLO v. Peter L. BANIS.
By the Court (GRASSO, BROWN & GREEN, JJ.).
MEMORANDUM AND ORDER PURSUANT TO RULE 1:28
We affirm the judgment dismissing the plaintiff Vincent Agnello's complaint against the defendant, attorney Peter L. Banis. For the reasons set forth in Banis's brief, and referenced by the motion judge, the statute of limitations set forth in G.L. c. 260, § 4, bars Agnello's claims. All the factual allegations of Agnello's complaint arise in the context of the professional relationship between him and Banis. Agnello also acknowledges he was aware of the full extent of Banis's alleged failings more than three years before filing suit. See Iannacchino v. Ford Motor Co., 451 Mass. 623, 636 (2008). Accordingly, the statute of limitations bars Agnello's action whether framed as contract or tort for malpractice.
Judgment affirmed.