| Sladowski v Casolaro |
| 2011 NY Slip Op 04229 [84 AD3d 1056] |
| May 17, 2011 |
| Appellate Division, Second Department |
| Marianne Sladowski, Appellant, v Charles John Casolaroet al., Respondents, et al., Defendants. |
—[*1] L'Abbate, Balkan, Colavita & Contini, LLP, Garden City, N.Y. (Daniel M. Maunz ofcounsel), for respondents.
In an action to recover damages for legal malpractice and breach of contract, the plaintiffappeals, as limited by her brief, from so much of an order of the Supreme Court, Queens County(Golia, J.), dated January 27, 2010, as granted that branch of the motion of the defendantsCharles John Casolaro and Casolaro & Associates, P.C., which was for summary judgmentdismissing the legal malpractice cause of action as time-barred insofar as asserted against thedefendant Charles John Casolaro.
Ordered that the order is affirmed insofar as appealed from, with costs.
The Supreme Court properly granted the respondents' motion for summary judgmentdismissing the cause of action alleging legal malpractice as time-barred insofar as assertedagainst the defendant Charles John Casolaro. The action was commenced on August 13, 2007,and the three-year statute of limitations (see CPLR 214 [6]) began to run as to Casolarono later than July 13, 2004, when the plaintiff signed a consent to change attorney form, theeffect of which was to end Casolaro's representation of the plaintiff in the underlying action (see Loria v Cerniglia, 69 AD3d583 [2010]; Frost Line Refrig., Inc.v Gastwirth, Mirsky & Stein, LLP, 25 AD3d 532, 532-533 [2006]; Sommers v Cohen, 14 AD3d 691,693 [2005]; Marro v Handwerker,Marchelos & Gayner, 1 AD3d 488 [2003]; Daniels v Lebit, 299 AD2d 310[2002]; Wester v Sussman, 287 AD2d 618 [2001]; Piliero v Adler & Stavros, 282AD2d 511, 512 [2001]). Covello, J.P., Eng, Chambers and Miller, JJ., concur. [Prior CaseHistory: 2010 NY Slip Op 30345(U).]