Coleman v. Korn

92 A.D.3d 595, 939 N.Y.2d 370

Opinion

Plaintiff was required to commence this legal malpractice action within three years of defendant’s withdrawal as his counsel, but failed to do so (see CPLR 214 [6]; cf. Gonzalez v Ellenberg, 300 AD2d 173, 174 [2002]). Plaintiff’s fraud and Judiciary Law § 487 claims were raised for the first time in a surreply, which Supreme Court properly refused to consider (see CPLR 2214 [b], [c]; Garced v Clinton Arms Assoc., 58 AD3d 506, 509 [2009]).

We have considered plaintiffs remaining contentions and find them unavailing. Concur — Tom, J.P., Friedman, Sweeny, Moskowitz and DeGrasse, JJ.