Under CPLR 214-6, and according to the ensuing court decisions, any claim against an attorney, whether purely in contract, in fraud or for professional negligence is subject to a 3-year statute of limitations. This legislative fix took place after the Court of Appeals permitted a 6-year statute of limitations in contract claims. For architects, it is different, as seen in Apollo Elec., Inc. v Aman Devs. LLC 2023 NY Slip Op 33466(U) October 5, 2023 Supreme Court, New York County Docket Number: Index No. 155250/2019 Judge: Debra A. James.

” As for the first cause of action sounding in breach of contract against second third-party defendant AT Architects of the second third-party complaint, this court agrees with second third-party plaintiff that his allegations therein sound in breach of contract and not professional malpractice. As in Children’s Corner Learning Ctr v A Miranda Contr. Corp (64 AD3d 318, 324 [1 st Dept 2009]), “the damages sought [by second third party plaintiff at bar] are economic only.” Second third-party plaintiff does not seek, for example, “the cost to repair the

defects or the difference in value between a properly constructed structure and that which was in fact built”, which is the measure of damages for architectural malpractice
(Brushton-Moira Cent. School Dist. v Thomas Assoc., 91 NY2d 256, 262 [1998]). On that basis, second third party plaintiff is correct that the six-year statute of limitations for breach of contract (CPLR § 213) applies to such claim. As the second third party action was commenced on September 15, 2022, any claims against second third-party defendant that accrued before September 14, 2016, are untimely.”