| Kat House Prods., LLC v Paul, Hastings, Janofsky & Walker,LLP |
| 2010 NY Slip Op 02489 [71 AD3d 580] |
| March 25, 2010 |
| Appellate Division, First Department |
| Kat House Productions, LLC, Doing Business as Surf Chick, et al.,Appellants, v Paul, Hastings, Janofsky & Walker, LLP,Respondent. |
—[*1] Kavanagh Maloney & Osnato LLP, New York (James J. Maloney of counsel), forrespondent.
Order, Supreme Court, New York County (Louis B. York, J.), entered April 13, 2009, whichgranted defendant's motion to dismiss the complaint, unanimously affirmed, without costs.
When a nonresident sues in New York's courts on a cause of action accruing outside thestate, our "borrowing statute" (CPLR 202) requires that the cause of action be timely under thelimitations periods of both New York and the jurisdiction where the claim arose (see GlobalFin. Corp. v Triarc Corp., 93 NY2d 525, 528 [1999]). Generally, a tort action accrues "at thetime and in the place of the injury," and "[w]hen an alleged injury is purely economic, the placeof injury usually is where the plaintiff resides and sustains the economic impact of the loss"(id. at 529).
Applying these principles, it is clear that plaintiffs' legal malpractice claim accrued inCalifornia, where their residences and principal place of business were located and the allegedeconomic injury was sustained, at the latest, in March 2006. Under that state's applicableone-year statute of limitations (Cal Code Civ Pro § 340.6), this action, commenced inNovember 2007, was time-barred.
We have considered plaintiffs' remaining arguments and find them unavailing.Concur—Tom, J.P., Andrias, Sweeny, Nardelli and Renwick, JJ. [Prior Case History:2009 NY Slip Op 30808(U).]