BOSLOW FAMILY LIMITED PARTNERSHIP v. KAPLAN KAPLAN PLLC

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

BOSLOW FAMILY LIMITED PARTNERSHIP, et al., Plaintiffs-Appellants, v. KAPLAN & KAPLAN, PLLC, et al., Defendants-Respondents.

Decided: June 26, 2008

LIPPMAN, P.J., TOM, ANDRIAS, SAXE, JJ. Llorca & Hahn, LLP, New York (Richard E. Hahn of counsel), for appellants. Wilson Elser Moskowitz Edelman & Dicker LLP, White Plains (Thomas A. Leghorn of counsel), for respondents.

Order, Supreme Court, New York County (Marcy Friedman, J.), entered November 1, 2007, which granted defendants' motion for summary judgment dismissing the complaint as time-barred and denied plaintiffs' cross motion for summary judgment dismissing defendants' second affirmative defense based on the statute of limitations, unanimously affirmed, with costs.

Since plaintiffs' claim, while cast in contract, is essentially that defendants failed to perform services in a professional, non-negligent manner, it is governed by the three-year statute of limitations (Matter of R.M. Kliment & Frances Halsband, Architects [McKinsey & Co., Inc.], 3 N.Y.3d 538, 788 N.Y.S.2d 648, 821 N.E.2d 952 [2004] ).   Plaintiffs have not identified any particular provision of a written retainer agreement whereby defendants contracted to provide a particular result above and beyond what they might be expected to accomplish using due care (id. at 542-543, 788 N.Y.S.2d 648, 821 N.E.2d 952;  see also Sarasota, Inc. v. Kurzman & Eisenberg, LLP, 28 A.D.3d 237, 814 N.Y.S.2d 94 [2006] ).