Spinale v. Tenzer Greenblatt, LLP

Order, Supreme Court, New York County (Walter Tolub, J.), entered April 15, 2002, which granted defendant’s motion to dismiss the complaint as time-barred, unanimously affirmed, without costs.

In determining the applicable statutory period, the reality and essence of a cause of action, rather than what its proponent has named it, governs (see Bunker v Bunker, 80 AD2d 817, 818 [1981], citing Brick v Cohn-Hall-Marx Co., 276 NY 259, 264 [1937]). Although plaintiffs pleaded causes of action nominally for restitution and unjust enrichment, those causes are based on the same allegations as their…