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Americana Capital Corp., Plaintiff-Respondent v. Phyllis Nardella

New York Supreme and/or Appellate Courts Appellate Division, First Department


June 19, 2012

AMERICANA CAPITAL CORP., PLAINTIFF-RESPONDENT,
v.
PHYLLIS NARDELLA, EXECUTRIX OF THE ESTATE OF ALLEN J. GOODMAN, ESQ., DEFENDANT-APPELLANT.

Americana Capital Corp. v Nardella

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 June 19, 2012

Mazzarelli, J.P., Saxe, DeGrasse, Richter, Abdus-Salaam, JJ.

Order, Supreme Court, New York County (Saliann Scarpulla, J.), entered November 16, 2011, which, insofar as appealed from, denied defendant's motion for summary judgment dismissing plaintiff's cause of action alleging legal malpractice, unanimously affirmed, without costs.

Plaintiff's legal malpractice claim was not barred by the statute of limitations (see CPLR 214[6]). Plaintiff alleges that the deceased negligently drafted a security agreement preventing plaintiff, as the creditor, from being able to enforce the agreement as against the debtor once the debtor defaulted.

Plaintiff's legal malpractice claim accrued no earlier than when the agreement was executed, which occurred on November 29, 2002, the date of the last signature on the agreement (see McCoy v Feinman, 99 NY2d 295 [2002]), and this action was commenced less than three years later.

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

ENTERED: JUNE 19, 2012

DEPUTY CLERK

20120619

© 1992-2012 VersusLaw Inc.



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