Meredith v. Siben & Siben, LLP
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
In an action, inter alia, to recover damages for legal malpractice, the plaintiff appeals from an order of the Supreme Court, Nassau County (Brandveen, J.), entered October 2, 2013, which granted that branch of the defendant’s motion which was, in effect, for summary judgment dismissing the complaint as time-barred.
Ordered that the order is affirmed, with costs.
Initially, contrary to the plaintiff’s contention, the defendant did not waive its statute of limitations defense, asserted in its answer, by failing to make a pre-answer motion to dismiss (see Rich v Lefkovits, 56 NY2d 276 [1982]).…
2Cases cited10 opinions
- Rich v. LefkovitsNew York Court of Appeals · 1982
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- Harris v. HallbergAppellate Division of the Supreme Court of the State of New York · 2007
- Kavoukian v. KalettaAppellate Division of the Supreme Court of the State of New York · 2002
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