20 CLARKE PLACE REALTY CORP. v. RUDGES AND CO., INC

The order of the Appellate Division should be modified, without costs, by dismissing the negligence and breach of fiduciary duty causes of action, and otherwise affirmed (see, Chase Scientific Research, Inc., v. The NIA Group, Inc. [decided today]). The certified question should be answered in the negative. Defendants argue, without opposition, that these causes of action — even if not malpractice — are barred by the three-year limitations period. We note, as we did in Chase, that defendants have not challenged the viability of the breach of contract cause of action, and we do not pass on it.

On review of submissions pursuant to section 500.4 of the Rules, order modified, without costs, by dismissing the negligence and breach of fiduciary duty causes of action and, as so modified, affirmed, and certified question answered in the negative, in a memorandum.