Goldstein v. Haberman

— In an action to recover damages for professional malpractice, the plaintiffs appeal from an order of the Supreme Court, Nassau County (Robbins, J.), dated June 28, 1990, which granted the defendant’s motion to dismiss the complaint.

Ordered that the order is reversed, on the law, with costs, the motion is denied, and the complaint is reinstated.

The defendant moved pursuant to CPLR 3211 (a) (5) to dismiss the plaintiffs’ complaint on the ground that the cause of action may not be maintained because of the applicable Statute of Limitations. In his reply affirmation the defendant first raised…