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ST. STEPHENS BAPTIST CHURCH, INC., Appellant, v. STANLEY P. SALZMAN, Respondent.

Ordered that the order is affirmed insofar as appealed from, with costs.

A cause of action to recover damages for legal malpractice accrues on the date the alleged malpractice was committed, not when it was discovered ( see Shumsky v Eisenstein, 96 NY2d 164, 166; Glamm v Allen, 57 NY2d 87, 95; Sommers v Cohen, 14 AD3d 691, 692; Barbieri v Shayne, Dachs, Stanisi, Corker, Sauer, 304 AD2d 512). This legal malpractice action arises out of the defendant's alleged failure to defend the plaintiff in an underlying arbitration proceeding resulting in a default judgment against it. As the time to file an answer in the underlying proceeding expired on October 22, 2001, the plaintiffs cause of action accrued on that date ( see Glamm v Allen, supra at 93; Williams v Lindenberg, 24 AD3d 434; Sommers v Cohen, supra). This action was commenced on April 25, 2005, more than three years later, and therefore was time-barred ( see CPLR 214).

The plaintiffs remaining contentions are academic in light of our determination.

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STEPHENS v. SALZMAN
(Feb 13, 2007)