Legal Opinion
R. BROOKS ASSOCIATES, INC. v. HARTER SECREST & EMERY LLP
Appellate Division of the Supreme Court of the State of New York
Decided January 31, 2012No. CA 11-01472Published
1Opinion of the Court
Memorandum: Defendant appeals from an order denying its motion for summary judgment dismissing the complaint in this legal malpractice action. We agree with defendant that the action is time-barred, and we therefore reverse the order, grant the motion and dismiss the complaint. .
Pursuant to CPLR 214 (6), an action to recover damages for legal malpractice must be commenced within three years of accrual. A legal “malpractice claim accrues ‘when all the facts necessary to the cause of action have occurred and an injured party can obtain relief in court’ ” (Guerra Press, Inc. v Campbell &…
2Cases cited11 opinions
- Zuckerman v. City of New YorkNew York Court of Appeals · 1980
- McCoy v. FeinmanNew York Court of Appeals · 2002
- Shumsky v. EisensteinNew York Court of Appeals · 2001
- Young v. New York City Health & Hospitals Corp.New York Court of Appeals · 1998
- Ackerman v. Price WaterhouseNew York Court of Appeals · 1994
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