Soffler v. Isla
Opinion of the Court
In an action to recover damages for professional malpractice, the plaintiffs appeal from an order of the Supreme Court, Suffolk County (Pitts, J.), dated March 9, 2011, which granted the defendant’s motion, in effect, pursuant to CPLR 3211 (a) (5) to dismiss the complaint as time-barred.
Ordered that the order is affirmed, with costs.
The defendant made a prima facie showing that at the time this action was commenced, the statute of limitations had expired, and in opposition, the plaintiffs failed to raise an issue of fact as to whether the statute of limitations was tolled or otherwise inapplicable (see Zaborowski v Local 74, Serv. Empls. Intl. Union, AFL-CIO, 91 AD3d 768 [2012]; Rakusin v Miano, 84 AD3d 1051 [2011]).
Actions for malpractice against nonmedical professionals are governed by the three-year statute of limitations set forth in CPLR 214 (6) (see Town of Wawarsing v Camp, Dresser & Mc
Accordingly, the Supreme Court properly granted the defendant’s motion, in effect, pursuant to CPLR 3211 (a) (5) to dismiss the complaint as time-barred. Rivera, J.P., Dickerson, Hall and Cohen, JJ., concur.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.