New York Supreme and/or Appellate Courts Appellate Division, First Department
February 23, 2012
MICHAEL COLEMAN, PLAINTIFF-APPELLANT, --
RICHARD JOEL KORN, ESQ., DEFENDANT-RESPONDENT.
Coleman v Korn
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.
Decided on February 23, 2012
Tom, J.P., Friedman, Sweeny, Moskowitz, DeGrasse, JJ.
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; cf. Gonzalez v Ellenberg, 300 AD2d 173, 174 ). 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 ).
We have considered plaintiff's remaining contentions and find them unavailing.
THIS CONSTITUTES THE DECISION AND ORDER OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.
ENTERED: FEBRUARY 23, 2012
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