It’s THREE years, and not a day more. In legal malpractice, no matter whether your claim is based on negligence or breach of contract CPLR 214(6) states that one has 3 years in which to bring the action.
Tsafatinos v Law Off. of Sanford F. Young, P.C. 2014 NY Slip Op 07145 Decided on October 22, 2014 Appellate Division, Second Department is one more example of this harsh, bright-line rule.
"On a motion to dismiss a cause of action pursuant to CPLR 3211(a)(5) as barred by the applicable statute of limitations, a defendant must establish, prima facie, that the time within which to sue has expired (see Bullfrog, LLC v Nolan, 102 AD3d 719, 719). Once that showing has been made, the burden shifts to the plaintiff to raise a question of fact as to whether the statute of limitations has been tolled, an exception to the limitations period is applicable, or the plaintiff actually commenced the action within the applicable limitations period (see id.).
Here, the defendants sustained their initial burden by demonstrating that the cause of action alleging legal malpractice accrued, at the latest, on April 22, 2008, a date more than three years before the commencement of this action (see CPLR 214[6]; Landow v Snow Becker Krauss, P.C., 111 AD3d 795, 796; Bullfrog, LLC v Nolan, 102 AD3d at 719). In opposition, the appellant failed to raise a question of fact (see Bullfrog, LLC v Nolan, 102 AD3d at 719; Daniels v Turco, 84 AD3d 858, 858-859; Piliero v Adler & Stavros, 282 AD2d 511, 511-512). Accordingly, the Supreme Court properly granted that branch of the defendants’ motion which was to dismiss, as time-barred, the legal malpractice cause of action insofar as asserted by the appellant.
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