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PATRICIA E. BENEDICT, ETC., ET AL., PLAINTIFFS-APPELLANTS, v. ESTATE OF GEORGE J. NOUMAIR, ETC., ET AL., DEFENDANTS-RESPONDENTS.

Inasmuch as the claims for legal malpractice and breach of fiduciary duty comprising plaintiffs' complaint accrued in 1991, when the alleged malpractice and breach, i.e., the failure to record a mortgage after a closing, occurred (see, Shumsky v. Eisenstein, 96 N.Y.2d 164, 166; Glamm v. Allen, 57 N.Y.2d 87, 95), the complaint, filed in 1999, is time-barred (see, CPLR 214(6); see also, Kahn v. Hart, 270 A.D.2d 231).

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

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BENEDICT v. ESTATE OF NOUMAIR
(Dec 11, 2001)