BIZ CAPITAL LLC v. BBG INC (2026)

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

BIZ CAPITAL, LLC, Plaintiff–Appellant, v. BBG, INC., et al., Defendants–Respondents.

Index No. 153707 /25

Decided: September 29, 2026

Webber, J.P., Mendez, González, Higgitt, Parker–Raso, JJ.

Neufeld, O'Leary & Giusto, New York (Michael J. Giusto of counsel), and Piel Law Firm, LLC, Towson, MD (William M. Rudow of the bar of the State of Maryland, State of Utah, and District of Columbia, admitted pro hac vice, of counsel), for appellant. Morrison Mahoney, LLP, New York (Christopher P. Keenoy of counsel), for respondents.

Order, Supreme Court, New York County (Paul A. Goetz, J.), entered on or about February 2, 2026, which, to the extent appealed from as limited by the briefs, granted defendants' motion to dismiss the professional malpractice complaint as time-barred, unanimously affirmed, without costs.

The court correctly found that this professional malpractice action was time-barred (see Ackerman v. Price Waterhouse, 84 NY2d 535, 541 [1994] ). Defendants delivered their final appraisal for the real estate of plaintiff's predecessor on February 24, 2022. Plaintiff commenced this action for professional malpractice on March 24, 2025, more than three years after delivery of the appraisal. Contrary to plaintiff's contentions, the proper accrual date is the date the final appraisal was delivered to its predecessor (see id. at 541–543).

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