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Gilbert Properties, Inc. v. Millstein

33 N.Y.2d 857 Court N.Y. Decision date 1973-12-27 English

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p. 857
Gilbert Properties, Inc., Appellant, v. Jacob A. Millstein, Respondent.
Argued November 14, 1973;
decided December 27, 1973.
p. 859
Richard Kaye and Harry Grossman for appellant
Richard J. Burke and John E. Morris for respondent.

Order affirmed, without costs, in the following memorandum: Plaintiff client’s cause of action against defendant attorney for malpractice accrued, at the latest, when the áttorney-cliént relationship between them ended in 1966. (Cf., e.g., Borgia v. City of New York, 12 N Y 2d 151 , 155; Siegel v. Kranis, 29 A D 2d 477 , 480; see, also, Note, 18 ALR 3d 985 et seq.) Consequently, since the plaintiff’s suit for malpractice was commenced in 1970, the determination of the Appellate Division that the-plaintiff’s action was time-barred by the three-year period of limitations (CPLR 203; CPLR 214, subd. 6), though based on an earlier date of accrual, should be affirmed.

Concur: Chief Judge Fetld and Judges Burke, Brbitel, Jasen, Gabrielli, Jones and Waohtler.

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