Opinion
2012-02-23
Michael COLEMAN, Plaintiff–Appellant, v. Richard Joel KORN, Esq., Defendant–Respondent.
Michael Coleman, appellant pro se. Matthew A. Kaufman, New York, for respondent.
Michael Coleman, appellant pro se. Matthew A. Kaufman, New York, for respondent.
TOM, J.P., FRIEDMAN, SWEENY, MOSKOWITZ, DEGRASSE, JJ.
Order, Supreme Court, Bronx County (Norma Ruiz, J.), entered November 16, 2010, which, to the extent appealed from, granted defendant's motion to dismiss the complaint as time-barred, unanimously affirmed, without costs.
Plaintiff was required to commence this legal malpractice action within three years of defendant's withdrawal as his counsel, but failed to do so ( see CPLR 214[6]; cf. Gonzalez v. Ellenberg, 300 A.D.2d 173, 174, 752 N.Y.S.2d 302 [2002] ). Plaintiff's fraud and Judiciary Law § 487 claims were raised for the first time in a surreply, which Supreme Court properly refused to consider ( see CPLR 2214[b], [c]; Garced v. Clinton Arms Assoc., 58 A.D.3d 506, 509, 874 N.Y.S.2d 18 [2009] ).
We have considered plaintiff's remaining contentions and find them unavailing.