20 Clarke Place Realty Corp. v. Rudges & Co.

267 A.D.2d 141, 700 N.Y.S.2d 23, 1999 N.Y. App. Div. LEXIS 13260

Opinion

—Order, Supreme Court, Bronx County (Jerry Crispino, J.), entered December 16,1998, which denied defendants’ motion to dismiss the complaint as time-barred, unanimously affirmed, with costs.

Defendants’ motion to dismiss was properly denied on the ground that plaintiff commenced this action sounding in breach of contract within the applicable six-year statutory period. Defendant insurance brokers and agents are not professionals and, accordingly, the three-year Statute of Limitations for malpractice (CPLR 214 [6]) is not applicable as a bar to plaintiff’s action (see, Santiago v 1370 Broadway Assocs., 264 AD2d 624). Concur — Nardelli, J. P., Williams, Mazzarelli, Wallach and Lerner, JJ.