Legal Opinion
Loria v. Cerniglia
Appellate Division of the Supreme Court of the State of New York
Decided January 5, 2010PublishedCited by 8 opinions
1Opinion of the Court
The Supreme Court properly granted that branch of the defendant’s motion which was to dismiss the first cause of action, alleging legal malpractice, as time-barred. The action was commenced on August 14, 2008, and the three-year statute of limitations (see CPLR 214 [6]) began to run on August 12, 2005, when the plaintiff signed a consent to change attorney form, relieving the defendant as counsel in the underlying action (see Frost Line Refrig., Inc. v Gastwirth, Mirsky & Stein, LLP, 25 AD3d 532, 532-533 [2006]; Sommers v Cohen, 14 AD3d 691, 692 [2005]; Marro v Handwerker, Marchelos & Gayner,…
2Cases cited5 opinions
- Boglia v. GreenbergAppellate Division of the Supreme Court of the State of New York · 2009
- Daniels v. LebitAppellate Division of the Supreme Court of the State of New York · 2002
- Sommers v. CohenAppellate Division of the Supreme Court of the State of New York · 2005
- Marro v. Handwerker, Marchelos & GaynerAppellate Division of the Supreme Court of the State of New York · 2003
- Frost Line Refrigeration, Inc. v. Gastwirth, Mirsky & Stein, LLPAppellate Division of the Supreme Court of the State of New York · 2006
3Cited by8 opinions
- Lauder v. GoldhamerAppellate Division of the Supreme Court of the State of New York · 2014
- Postiglione v. CastroAppellate Division of the Supreme Court of the State of New York · 2014
- Stewart v. BergerAppellate Division of the Supreme Court of the State of New York · 2016
- Sladowski v. CasolaroAppellate Division of the Supreme Court of the State of New York · 2011
- Cherry Hill Market Corp. v. Cozen O'Connor P.C.Appellate Division of the Supreme Court of the State of New York · 2014
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