20 CLARKE PLACE REALTY CORP v. RUDGES AND CO INC (1999)

Supreme Court, Appellate Division, First Department, New York.

20 CLARKE PLACE REALTY CORP., Plaintiff-Respondent, v. RUDGES AND CO., INC., et al., Defendants-Appellants.

Decided: December 21, 1999

NARDELLI, J.P., WILLIAMS, MAZZARELLI, WALLACH and LERNER, JJ.

Victor Mevorah, for Plaintiff-Respondent. Gil A. Isidro, William C. Kelly, for Defendants-Appellants.

Order, Supreme Court, Bronx County (Jerry Crispino, J.), entered December 16, 1998, which denied defendants' motion to dismiss the complaint as time-barred, unanimously affirmed, with costs.

Defendants' motion to dismiss was properly denied on the ground that plaintiff commenced this action sounding in breach of contract within the applicable six-year statutory period. Defendant insurance brokers and agents are not professionals and, accordingly, the three-year Statute of Limitations for malpractice (CPLR 214[6] ) is not applicable as a bar to plaintiff's action (see, Santiago v. 1370 Broadway Assocs., 264 A.D.2d 624, 695 N.Y.S.2d 326).

MEMORANDUM DECISION.

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