Shumsky v. Eisenstein

—In an action to recover damages for legal malpractice, the defendant appeals from an order of the Supreme Court, Westchester County (Colabella, J.), dated November 25, 1998, which denied his motion for summary judgment dismissing the complaint.

Ordered that the order is reversed, on the law, with costs, the motion is granted, and the complaint is dismissed.

The plaintiffs retained the defendant, an attorney, to commence an action against Charles Fleisher arising out of Fleisher’s inspection of a house purchased by the plaintiffs. The defendant, however, failed to commence the action before the…