Legal Opinion

Napoli v. Moisan Architects

Appellate Division of the Supreme Court of the State of New York

Decided October 26, 2010PublishedCited by 3 opinions

1Opinion of the Court

In an action to recover damages for professional malpractice, the plaintiff appeals from an order of the Supreme Court, Nassau County (McCarty III, J.), entered April 8, 2009, which granted the defendant’s motion for summary judgment dismissing the complaint as time-barred.

Ordered that the order is affirmed, with costs.

Contrary to the plaintiffs contention, his cause of action to recover damages for breach of contract “is essentially a malpractice” cause of action (Matter of R.M. Kliment & Frances Halsband, Architects [McKinsey & Co., Inc.], 3 NY3d 538, 542 [2004]), which is governed by a…

2Cases cited6 opinions

  1. Zuckerman v. City of New YorkNew York Court of Appeals · 1980
  2. City School District v. Hugh Stubbins & Associates, Inc.New York Court of Appeals · 1995
  3. MATTER OF ARBITRATION BETWEEN KLIMENT & McKINSEY & CO.New York Court of Appeals · 2004
  4. Frank v. Mazs Group, LLCAppellate Division of the Supreme Court of the State of New York · 2006
  5. McLaren v. Massand EngineeringAppellate Division of the Supreme Court of the State of New York · 2008

1 more not listed; retrieve them via the Exa API.

3Cited by3 opinions

  1. Willis Ave Development, LLC v. Block 3400 Construction Corp.Appellate Division of the Supreme Court of the State of New York · 2016
  2. Vlahakis v. Belcom Development, LLCAppellate Division of the Supreme Court of the State of New York · 2011
  3. Schwartz v. Leaf, Salzman, Manganelli, Pfiel & Tendler, LLPAppellate Division of the Supreme Court of the State of New York · 2017

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