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Shivers v. Siegel

Appellate Division of the Supreme Court of New York, Second Department
Oct 4, 2004
11 A.D.3d 447 (N.Y. App. Div. 2004)

Summary

finding legal malpractice claim time-barred and dismissing breach of contract claim as duplicative of legal malpractice claim

Summary of this case from Patel v. Scheurer

Opinion

2003-11336

October 4, 2004.

In an action, inter alia, to recover damages for legal malpractice, the plaintiff appeals from an order of the Supreme Court, Queens County (Kelly, J.), dated October 10, 2003, which granted the defendant's motion to dismiss the complaint pursuant to CPLR 3211 (a) (5).

Before: Smith, J.P., Crane, Cozier and Lifson, JJ., concur.


Ordered that the order is affirmed, with costs.

The three-year statute of limitations in a legal malpractice action ( see CPLR 214) runs from the time of the alleged malpractice, not from when it is discovered ( see McCoy v. Feinman, 99 NY2d 295, 301, 305; Alicanti v. Bianco, 2 AD3d 373, 374, lv denied 3 NY3d 602; Venturella-Ferretti v. Kinzler, 306 AD2d 465, 466). Here, the plaintiff's legal malpractice claim accrued no later than November 1998, when she discharged the defendant as her attorney ( see Daniels v. Lebit, 299 AD2d 310; Wester v. Sussman, 287 AD2d 618).

The Supreme Court properly determined that the legal malpractice cause of action was time-barred since the plaintiff commenced this action more than three years after her attorney-client relationship with the defendant ended ( see Daniels v. Lebit, supra; Wester v. Sussman, supra).

Similarly, the Supreme Court properly dismissed the cause of action alleging breach of contract as it was duplicative of the malpractice claim and arose from the same facts as that claim ( see Daniels v. Lebit, supra; Levine v. Lacher Lovell-Taylor, 256 AD2d 147,151 [1998]).

The plaintiff's remaining contention is without merit.


Summaries of

Shivers v. Siegel

Appellate Division of the Supreme Court of New York, Second Department
Oct 4, 2004
11 A.D.3d 447 (N.Y. App. Div. 2004)

finding legal malpractice claim time-barred and dismissing breach of contract claim as duplicative of legal malpractice claim

Summary of this case from Patel v. Scheurer
Case details for

Shivers v. Siegel

Case Details

Full title:DOROTHY SHIVERS, Appellant, v. STEVEN SIEGEL, Respondent

Court:Appellate Division of the Supreme Court of New York, Second Department

Date published: Oct 4, 2004

Citations

11 A.D.3d 447 (N.Y. App. Div. 2004)
782 N.Y.S.2d 752

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