COLEMAN v. KORN (2012)

Michael COLEMAN, Plaintiff–Appellant, v. Richard Joel KORN, Esq., Defendant–Respondent.

Decided: February 23, 2012

TOM, J.P., FRIEDMAN, SWEENY, MOSKOWITZ, DEGRASSE, JJ.

Michael Coleman, appellant pro se. 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 A.D.2d 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.

Was this helpful?

Why was this helpful?

Easy to understand

Solved my problem

Other

Why was this not helpful?

Missing the information I need

Too complicated / too many steps

Out of date

Other

Thank you for your feedback!

Trusted by Consumers. Recognized by AI.

As the largest network of trusted legal brands, we help firms build authority across the platforms consumers and AI systems rely on most. Our network helps attorneys strengthen visibility, credibility, and preference where legal decisions begin.

Explore the Network