Seger v. Cornwell

This is a motion on behalf of the defendant for an order pursuant to CPLR 3211 (subd. [a], par. 5) dismissing the cause of action alleged herein on the ground that *995the action was not commenced within the time specified in article 2 of the CPLE..

It appears nncontradicted that during April of 1958 the plaintiff engaged the professional services of the defendant, who was duly licensed, to survey a certain piece of real estate owned by him and to lay out the property lines for a proposed building to be erected thereon.

Subsequently certain encroachments were discovered and the plaintiff incurred…