Boslow Family Ltd. Partnership v Kaplan & Kaplan, PLLC |
2008 NY Slip Op 05789 [52 AD3d 417] [52 AD3d 417] |
June 26, 2008 |
Appellate Division, First Department |
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
Boslow Family Limited Partnership et al.,
Appellants, v Kaplan & Kaplan, PLLC, et al., Respondents. |
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Wilson Elser Moskowitz Edelman & Dicker LLP, White Plains (Thomas A. Leghorn of
counsel), for respondents.
Since plaintiffs' claim, while cast in contract, is essentially that defendants failed to perform services in a professional, nonnegligent manner, it is governed by the three-year statute of limitations (Matter of R.M. Kliment & Frances Halsband, Architects [McKinsey & Co., Inc.], 3 NY3d 538 [2004]). Plaintiffs have not identified any particular provision of a written retainer agreement whereby defendants contracted to provide a particular result above and beyond what they might be expected to accomplish using due care (id. at 542-543; see also Sarasota, Inc. v Kurzman & Eisenberg, LLP, 28 AD3d 237 [2006]). Concur—Lippman, P.J., Tom, Andrias and Saxe, JJ. [See 2007 NY Slip Op 33554(U).]