| Coleman v Korn |
| 2012 NY Slip Op 01374 [92 AD3d 595] |
| February 23, 2012 |
| Appellate Division, First Department |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
| Michael Coleman, Appellant, v Richard Joel Korn, Esq., Respondent. |
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Matthew A. Kaufman, New York, for respondent.
Order, Supreme Court, Bronx County (Norma Ruiz, J.), entered November 16, 2010, which, to the extent appealed from, granted defendant's motion to dismiss the complaint as time-barred, unanimously affirmed, without costs.
Plaintiff was required to commence this legal malpractice action within three years of defendant's withdrawal as his counsel, but failed to do so (see CPLR 214 [6]; cf. Gonzalez v Ellenberg, 300 AD2d 173, 174 [2002]). Plaintiff's fraud and Judiciary Law § 487 claims were raised for the first time in a surreply, which Supreme Court properly refused to consider (see CPLR 2214 [b], [c]; Garced v Clinton Arms Assoc., 58 AD3d 506, 509 [2009]).
We have considered plaintiff's remaining contentions and find them unavailing. Concur—Tom, J.P., Friedman, Sweeny, Moskowitz and DeGrasse, JJ.