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Miligrim, Thomajan v. Golden Gate Petro.

Appellate Term of the Supreme Court of New York, First Department
Jun 30, 2008
2008 N.Y. Slip Op. 51309 (N.Y. App. Term 2008)

Opinion

570208/08.

Decided June 30, 2008.

Defendant appeals from an order of the Civil Court of the City of New York, New York County (Joan M. Kenney, J.), entered January 2, 2008, which granted plaintiff's motion to dismiss defendant's counterclaim for legal malpractice as time-barred.

PRESENT: McKEON, P.J., DAVIS, HEITLER, JJ.


Order (Joan M. Kenney, J.), entered January 2, 2008, reversed, with $10 costs, motion denied and defendant's counterclaim reinstated.

Defendant's counterclaim alleging legal malpractice is not time-barred. Pursuant to CPLR 203(d), a counterclaim is deemed interposed for Statute of Limitations purposes as of the time the summons is filed ( see Proskauer Rose Goetz Mendelsohn v. Munao, 270 AD2d 150 [2000]; McLaughlin, Practice Commentaries, McKinney's Cons Laws of NY, Book 7B, CPLR C203:9) Plaintiff's summons was filed in June 1990. Inasmuch as defendant's legal malpractice counterclaim was governed by the then applicable six-year Statute of Limitations and accrued no earlier than 1986, it was "not barred at the time the claims asserted in the complaint were interposed" in 1990 (CPLR 203[d]).

This Constitutes the Decision and Order of the Court.

I concur


Summaries of

Miligrim, Thomajan v. Golden Gate Petro.

Appellate Term of the Supreme Court of New York, First Department
Jun 30, 2008
2008 N.Y. Slip Op. 51309 (N.Y. App. Term 2008)
Case details for

Miligrim, Thomajan v. Golden Gate Petro.

Case Details

Full title:MILIGRIM, THOMAJAN LEE N/K/A VARET FINK, P.C., Plaintiff-Respondent, v…

Court:Appellate Term of the Supreme Court of New York, First Department

Date published: Jun 30, 2008

Citations

2008 N.Y. Slip Op. 51309 (N.Y. App. Term 2008)