BENEDICT v. ESTATE OF NOUMAIR

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.