| Gotay v Breitbart |
| 2009 NY Slip Op 05209 [12 NY3d 894] |
| June 25, 2009 |
| Court of Appeals |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
| As corrected through Wednesday, September 16, 2009 |
| Bernadette Gotay, Respondent, v David Breitbart et al., Defendants, and Michael Handwerker et al., Appellants. |
Decided June 25, 2009
Gotay v Breitbart, 58 AD3d 25, reversed.
APPEARANCES OF COUNSEL
Furman Kornfeld & Brennan LLP, New York City (A. Michael Furman of counsel), for Michael Handwerker, appellant.
Wilson, Elser, Moskowitz, Edelman & Dicker LLP, New York City (Patrick J. Lawless and Richard E. Lerner of counsel), for Handwerker Honschke and Marchelos and others, appellants.
Gerald J. Mondora, Rye Brook, for respondent.
On review of submissions pursuant to section 500.11 of the Rules of the Court of Appeals (22 NYCRR 500.11), order reversed, with costs, motions for summary judgment by defendants-appellants granted and certified question answered in the negative. Plaintiff's legal malpractice claim was not brought within the applicable statute of limitations period, and defendants-appellants established as a matter of law that the continuous representation doctrine does not apply.
Concur: Judges Ciparick, Graffeo, Read, Smith, Pigott and Jones. Taking no part: Chief Judge Lippman.