Home/New York Court of Appeals/Santiago v. 1370 Broadway Associates, LP

Santiago v. 1370 Broadway Associates, LP

749 N.E.2d 168, 96 N.Y.2d 765, 725 N.Y.S.2d 599
CourtNew York Court of Appeals
DecidedMarch 22, 2001
StatusPublished
Cited by19 cases

This text of 749 N.E.2d 168 (Santiago v. 1370 Broadway Associates, LP) is published on Counsel Stack Legal Research, covering New York Court of Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Santiago v. 1370 Broadway Associates, LP, 749 N.E.2d 168, 96 N.Y.2d 765, 725 N.Y.S.2d 599 (N.Y. 2001).

Opinion

OPINION OF THE COURT

Memorandum.

The order of the Appellate Division should be modified, without costs, in accordance with this memorandum, and as so modified, affirmed. The certified question should be answered in the negative.

We agree with the Appellate Division that the alleged misfeasance of insurance agents and brokers toward their clients is not “malpractice” within CPLR 214 (6) (see, Chase Scientific Research v NIA Group, 96 NY2d 20 [decided today]). That a breach of contract claim against insurance agents and brokers would be governed by the six-year statute (CPLR 213 [2]) does not, however, resolve this appeal because Herbert, in its third-party complaint, has not asserted a breach of contract claim against Essential. Herbert’s third-party complaint charges “negligence and/or errors or omissions,” and “negligence, material misrepresentation or fraud.” Fraud (CPLR 213 [8]) and misrepresentation (CPLR 213 [1]) have six-year limitations periods; negligence has a three-year limitations period *767 (CPLR 214 [4]). Applying these sections rather than CPLR 214 (6), there should be a factual determination as to whether the action was timely commenced. Issues regarding contribution and indemnification, argued in Supreme Court, are not raised before us.

Chief Judge Kaye and Judges Smith, Levine, Ciparick, Wesley, Rosenblatt and Graffeo concur in memorandum.

On review of submissions pursuant to section 500.4 of the Rules of the Court of Appeals (22 NYCRR 500.4), order modified, etc.

Free access — add to your briefcase to read the full text and ask questions with AI

Related

Gustave Lipman, as Executor for the Estate of Ira Lipman v. Arthur J. Gallagher Risk Management Services, LLC
S.D. New York, 2025
Lam Hong Chan v. New York Life Ins. & Annuity Corp.
2025 NY Slip Op 04893 (Appellate Division of the Supreme Court of New York, 2025)
CIFG Assurance North America, Inc. v. J.P. Morgan Securities LLC
2016 NY Slip Op 8029 (Appellate Division of the Supreme Court of New York, 2016)
United Teamster Fund v. MagnaCare Administrative Services, LLC
39 F. Supp. 3d 461 (S.D. New York, 2014)
Bond v. Progressive Insurance
82 A.D.3d 1318 (Appellate Division of the Supreme Court of New York, 2011)
People v. Simon
71 A.D.3d 1574 (Appellate Division of the Supreme Court of New York, 2010)
People v. Gross
71 A.D.3d 1526 (Appellate Division of the Supreme Court of New York, 2010)
Cunningham v. Insurance Co. of North America
521 F. Supp. 2d 166 (E.D. New York, 2007)
Kwan v. Schlein
441 F. Supp. 2d 491 (S.D. New York, 2006)
People v. Karas
21 A.D.3d 1360 (Appellate Division of the Supreme Court of New York, 2005)
People v. Knowles
12 A.D.3d 939 (Appellate Division of the Supreme Court of New York, 2004)
Venditti v. Liberty Mutual Insurance
6 A.D.3d 961 (Appellate Division of the Supreme Court of New York, 2004)
Manes Organization, Inc. v. Meadowbrook-Richman, Inc.
2 A.D.3d 292 (Appellate Division of the Supreme Court of New York, 2003)
People v. Valentin
1 A.D.2d 982 (Appellate Division of the Supreme Court of New York, 2003)
Ruffing v. Union Carbide Corp.
308 A.D.2d 526 (Appellate Division of the Supreme Court of New York, 2003)
Federal Insurance v. Spectrum Insurance Brokerage Services, Inc.
304 A.D.2d 316 (Appellate Division of the Supreme Court of New York, 2003)
People v. Robertson
302 A.D.2d 956 (Appellate Division of the Supreme Court of New York, 2003)
Von Hoffmann v. Prudential Insurance Co. of America
202 F. Supp. 2d 252 (S.D. New York, 2002)
Rusiniak's Service, Inc. v. McMahon Agency, Inc.
294 A.D.2d 910 (Appellate Division of the Supreme Court of New York, 2002)

Cite This Page — Counsel Stack

Bluebook (online)
749 N.E.2d 168, 96 N.Y.2d 765, 725 N.Y.S.2d 599, Counsel Stack Legal Research, https://law.counselstack.com/opinion/santiago-v-1370-broadway-associates-lp-ny-2001.