Boslow Family Ltd. Partnership v Kaplan & Kaplan, PLLC

2008 NY Slip Op 05789

Decided on June 26, 2008

Appellate Division, First Department

This opinion is uncorrected and subject to revision before publication in the Official Reports.

Decided on June 26, 2008
Lippman, P.J., Tom, Andrias, Saxe, JJ.
4029 110731/03






Llorca & Hahn, LLP, New York (Richard E. Hahn of counsel),
for appellants.
Wilson Elser Moskowitz Edelman & Dicker LLP, White Plains
(Thomas A. Leghorn of counsel), for respondents.

Order, Supreme Court, New York County (Marcy Friedman, J.), entered November 1, 2007, which granted defendants' motion for summary judgment dismissing the complaint as time-barred and denied plaintiffs' cross motion for summary judgment dismissing defendants' second affirmative defense based on the statute of limitations, unanimously affirmed, with costs.

Since plaintiffs' claim, while cast in contract, is essentially that defendants failed to perform services in a professional, non-negligent manner, it is governed by the three-year statute of limitations (Matter of R.M. Kliment & Frances Halsband, Architects [McKinsey & Co., Inc.], 3 NY3d 538 [2004]). Plaintiffs have not identified any particular provision of a written retainer agreement whereby defendants contracted to provide a particular result above and beyond what they might be expected to accomplish using due care (id. at 542-543; see also Sarasota, Inc. v Kurzman & Eisenberg, LLP, 28 AD3d 237 [2006]).

THIS CONSTITUTES THE DECISION AND ORDER
OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.

ENTERED: JUNE 26, 2008

CLERK