Opinion
January 31, 1992
Appeal from the Supreme Court, Erie County, Fudeman, J.
Present — Callahan, J.P., Doerr, Green, Lawton and Davis, JJ.
Order unanimously reversed on the law with costs, motion denied and complaint reinstated. Memorandum: Plaintiff contends that the trial court erred in granting defendant Barth, Sullivan Lancaster's motion for summary judgment on the ground that the complaint was barred by the three-year Statute of Limitations for legal malpractice. Viewing the evidence in the light most favorable to the nonmoving party, we find that plaintiff's submissions established that the estate's pecuniary interests were damaged by defendant's failure to exercise due care in the performance of the parties' contract. The action is therefore governed by the six-year contract Statute of Limitations (CPLR 213; see, Santulli v. Englert, Reilly McHugh, 78 N.Y.2d 700; Golub v. Baer, Marks Upham, 172 A.D.2d 489; Luk Lamellen U. Kupplungbau GmbH v Lerner, 166 A.D.2d 505, 506; Sager v. DeRiggi, 161 A.D.2d 571; Bloom v. Kernan, 146 A.D.2d 916; see generally, Video Corp. v Flatto Assocs., 58 N.Y.2d 1026). Because plaintiff's action was commenced within six years of the last date that defendant represented plaintiff, Supreme Court erred in dismissing the complaint as untimely.