In Sharp v Ferrante Law Firm, 2023 NY Slip Op 05383 [220 AD3d 587], October 24, 2023
the Appellate Division, First Department found that there was no collateral estoppel, but nevertheless, the case was untimely.

“The motion court incorrectly applied the doctrine of collateral estoppel to preclude plaintiff’s legal malpractice claim, as plaintiff’s attorney-client relationship with defendants was not the issue determined in the arbitration between plaintiff and plaintiff’s former employer, Industry Model Group LLC d/b/a Industry Model Management (IMM). Nevertheless, the malpractice claim must be dismissed because it is time-barred. Plaintiff confirmed in the amended complaint that the alleged attorney-client relationship ended as of July 10, 2018. Therefore, the statute of limitations for plaintiff’s malpractice claim expired in July 2021, three years after the attorney-client relationship ended (see CPLR 214 [6]). As plaintiff did not commence this action until June 23, 2022, the malpractice claim is time-barred. Even if the malpractice claim was timely, it should be dismissed because plaintiff failed to allege any negligence on the part of defendants in connection with the July 2018 correspondence (to assist plaintiff’s re-entry into the United States), or that it harmed him.”