Sang Seok Na v Pulvers, Pulvers & Thompson, LLP 2024 NY Slip Op 00978
Decided on February 27, 2024 Appellate Division, First Department is the rare case of legal malpractice that has been heard in both the First and Second Departments. It is similarly rare in the number and length of cases associated with the plaintiff.

“Initially, many of plaintiff’s arguments are not reviewable by this Court as they either arise from Queens County Supreme Court orders that are not the subject of the instant notice of appeal (CPLR 5501[c]) or claims that were previously presented to, and decided by, the Appellate Division, Second Department (Sang Seok Na v Schietroma, 172 AD3d 1263, 1263 [2d Dept 2019]; Sang Seok NA v Schietroma, 163 AD3d 597, 597 [2d Dept 2018]; Sang Seok Na v Greyhound Lines, Inc., 88 AD3d 980, 981 [2d Dept 2011]; see Delgado v City of New York, 144 AD3d 46, 51 [1st Dept 2016]).

To the extent his claims are reviewable and are based on the order on appeal, we conclude that Supreme Court properly granted defendants’ motion to dismiss because the record establishes that the statute of limitations on plaintiff’s legal malpractice claim expired on April 1, 2018, and plaintiff did not initiate the instant action until, at minimum, September 25, 2019 (see CPLR 214[6]; Sharp v Ferrante Law Firm, 220 AD3d 587, 587-588 [1st Dept 2023]).

Supreme Court also properly found that plaintiff failed to sufficiently plead a claim of fraud where plaintiff’s complaint was incomprehensible, conclusory, and unsupported by any admissible evidence (see Cronos Group Ltd. v XcomIP LLC, 156 AD3d 54, 61-62 [1st Dept 2017]).”