An action to recover damages for malpractice, other than medical, dental or podiartric malpractice, regardless of whether the underlying theory is based in contract or in tort" is subject to a 3 year statute.  More importantly, unless fraud is truly independent of, and not incidental to the professional representation, it too will be subject to a 3 year statute.

LSF6 Mercury Reo Investments LLC v Platinum  Appraisals  2013 NY Slip Op 31464(U)  July 3, 2013 Sup Ct, NY County  Docket Number: 153196/2012  Judge: Ellen M. Coin restates this twin set of rules for real estate appraisers.  "In this action, plaintiff LSF6 Mercury Reo Investments LLC
seeks to recover damages it allegedly suffered as a result of a faulty real estate appraisal conducted by defendants Platinum Appraisals and Joseph Barrara. Defendants move pursuant to
CPLR §3211 (a) (1), (5) and (7) to dismiss the complaint. "

"CPLR §214(6) states that a three-year statute of limitations applies to "an action to recover damages for malpractice, other than medical, dental or podiatric malpractice, regardless of
whether the underlying theory is based in contract or tort."  CPLR §214(6) does not define "malpractice."  A cause of action for fraud is generally governed by a six-year statute, running from the date of the fraud, or a two-year statute, running from the date the fraud was discovered, or could
have been discovered by reasonable means. (CPLR §213 (8); House of Spices (India), Inc. v SMJ Servs., Inc., 103 AD3d 848, 849 "

"The applicable statute of limitations is governed by the "gravamen" of the claim. (See Scot t v Fields, 85 AD3d 756, 758 [2 nd Dept 2011]). Hence, where a claim for fraud or misrepresentation is "merely incidental" to a claim for negligence or malpractice, the three-year statue for malpractice
will govern. (Nickel v Goldsmith & Tortora, Attorneys at Law, P.C., 57 AD3d 496, 496-97 [2 nd Dept 2008]; see also Frumento v On Rite Co., Inc., 66 AD3d 828, 830 [2 nd Dept 2009] [the "reality" or
"essence" of a claim, "not its form" determines whether it will be treated as a cause of action for fraud or for negligence] [internal quotation marks and citation omitted]). Similarly, a breach of contract which is really a restatement of a professional malpractice claim will be governed by the three-year statute applicable to such claims. (Matter of R.M. Kliment & Francis Halsband, Architects (McKinsey & Co., Inc.), 3 NY3d 538, 541-42 [2004])."