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Kinberg v. Garr

NEW YORK SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT


March 31, 2009

SARA KINBERG, PLAINTIFF-APPELLANT,
v.
IRA E. GARR, DEFENDANT-RESPONDENT.

Order, Supreme Court, Bronx County (George D. Salerno, J.), entered on or about October 29, 2007, which, to the extent appealed from, granted defendant's motion to dismiss, unanimously affirmed, with costs.

Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.

This opinion is uncorrected and subject to revision before publication in the Official Reports.

Saxe, J.P., Buckley, McGuire, DeGrasse, Freedman, JJ.

20612/06

The IAS court properly determined that plaintiff's breach of contract and fraud claims are essentially legal malpractice claims that are barred by the three-year statute of limitations (see CPLR 214[6]; R.M. Kliment & Frances Halsband, Architects v McKinsey & Co., 3 NY3d 538, 543 [2004]).

The IAS court properly dismissed plaintiff's third cause of action alleging a breach of the retainer agreement and her sixteenth cause of action alleging a violation of Judiciary Law § 487. Those causes of action are based on issues that were fully litigated in prior actions and determined adversely to her.

Thus, she may not revisit those issues in this action (see generally Melnitzky v LoPretro, 8 AD3d 4 [2004]). We have considered and rejected plaintiff's other contentions.

THIS CONSTITUTES THE DECISION AND ORDER OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.

20090331

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