Frost Line Refrigeration, Inc. v. Gastwirth, Mirsky & Stein, LLP

In an action, inter alia, to recover damages for legal malpractice, the plaintiffs appeal from an order of the Supreme Court, Nassau County (Davis, J.), dated February 25, 2005, which granted the defendants’ motion to dismiss the complaint pursuant to CPLR 3211 (a) (5) as time-barred and denied, as academic, their cross motion to amend the caption and to preclude the defendants from asserting the affirmative defense of the statute of limitations.

Ordered that the order is affirmed, with costs.

The Supreme Court properly granted the defendants’ motion to dismiss this legal malpractice action,…