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20 Clarke Place Realty Corp. v. Rudges & Co.

267 A.D.2d 141 Court N.Y. App. Div. Decision date 1999-12-21 English

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p. 141
20 Clarke Place Realty Corp., Respondent, v Rudges and Co., Inc., et al., Appellants.
[700 NYS2d 23]

—Order, Supreme Court, Bronx County (Jerry Crispino, J.), entered December 16,1998, which denied defendants’ motion to dismiss the complaint as time-barred, unanimously affirmed, with costs.

Defendants’ motion to dismiss was properly denied on the ground that plaintiff commenced this action sounding in breach of contract within the applicable six-year statutory period. Defendant insurance brokers and agents are not professionals and, accordingly, the three-year Statute of Limitations for malpractice (CPLR 214 [6]) is not applicable as a bar to plaintiff’s action (see, Santiago v 1370 Broadway Assocs., 264 AD2d 624 ). Concur — Nardelli, J. P., Williams, Mazzarelli, Wallach and Lerner, JJ.

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