COLUCCI v. RZEPKA (2024)

MEMORANDUM AND ORDER

Appeal from a judgment of the Supreme Court (Justin O. Corcoran, J.), entered November 2, 2022 in Albany County, which granted defendant Thomas J. Rzepka's motion for summary judgment dismissing the complaint against him.

The underlying facts of this legal malpractice action are fully set forth in our prior decision wherein this Court affirmed Supreme Court's order granting a motion by defendants Osborne Reed & Burke, LLP, Bressler & Kunze, Burke Albright Harter & Reddy, LLP and Moyer Russi & Randall, PC for summary judgment dismissing the complaint against them as time-barred (209 AD3d 1205 [3d Dept 2022], lv denied 39 NY3d 909 [2023]).  Upon reviewing the record on appeal in this case, we find that the arguments raised by plaintiffs on the present appeal mirror those raised by them on their prior appeal – as does the evidence tendered in support of defendant Thomas J. Rzepka's motion for summary judgment dismissing plaintiffs' complaint against him and the proof submitted by plaintiffs in opposition thereto.  Accordingly, as plaintiffs' arguments and proof are indistinguishable from those previously raised, we affirm for the reasons set forth in our prior decision (id. at 1207–1208).

ORDERED that the judgment is affirmed, without costs.

Mackey, J.

Egan Jr., J.P., Clark, Lynch and McShan, JJ., concur.