Law Office of Carl E. Person, New York (Carl E. Personof counsel), for appellants.
Herrick, Feinstein LLP, New York (Anna M. Hershenbergof counsel), for respondent.
Opinion
Order, Supreme Court, New York County (Melvin Schweitzer, J.), entered September 10, 2014, which granted petitioner Herrick Feinstein's motion to permanently stay arbitration, unanimously affirmed, without costs.
The IAS court correctly determined that the legal malpractice arbitration commenced by respondents was barred by the statute of limitations, having been commenced more than three years after the representation ended (CPLR 214 [6]). The arbitration agreement did not implicate interstate commerce and the FAA does not apply, therefore respondents' reliance on Cusimano v. Schnurr, 40 Misc.3d 1208(A), 2013 WL 3481406 (Sup.Ct., N.Y. County 2013), revd.120 A.D.3d 142, 991 N.Y.S.2d 400 (2014), lv. granted24 N.Y.3d 909, 2014 WL 6608962 (2014)is unavailing.
We have considered the remaining arguments and find them unavailing.
SWEENY, J.P., ACOSTA, RENWICK, MOSKOWITZ, JJ., concur.