BOSLOW v. KAPLAN

Since plaintiffs' claim, while cast in contract, is essentially that defendants failed to perform services in a professional, nonnegligent manner, it is governed by the three-year statute of limitations ( Matter of R.M. Kliment Frances Halsband, Architects [McKinsey Co., Inc.], 3 NY3d 538). Plaintiff's 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; see also Sarasota, Inc. v Kurzman Eisenberg, LLP, 28 AD3d 237).

[ See 2007 NY Slip Op 335540(U).]