Americana Capital Corp. v Nardella

Americana Capital Corp. v Nardella 2012 NY Slip Op 04927 Decided on June 19, 2012 Appellate Division, First Department Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. This opinion is uncorrected and subject to revision before publication in the Official Reports.

Decided on June 19, 2012
Mazzarelli, J.P., Saxe, DeGrasse, Richter, Abdus-Salaam, JJ.
7957 604179/05

[*1]Americana Capital Corp., Plaintiff-Respondent,

v

Phyllis Nardella, Executrix of the Estate of Allen J. Goodman, Esq., Defendant-Appellant.




Wilson Elser Moskowitz Edelman & Dicker, LLP, New York
(Anastasios P. Tonorezos of counsel), for appellant.
The Flomenhaft Law Firm, New York (Stephen D. Chakwin, Jr.
of counsel), for respondent.

Order, Supreme Court, New York County (Saliann Scarpulla, J.), entered November 16, 2011, which, insofar as appealed from, denied defendant's motion for summary judgment dismissing plaintiff's cause of action alleging legal malpractice, unanimously affirmed, without costs.

Plaintiff's legal malpractice claim was not barred by the statute of limitations (see CPLR 214[6]). Plaintiff alleges that the deceased negligently drafted a security agreement preventing plaintiff, as the creditor, from being able to enforce the agreement as against the debtor once the debtor defaulted.

Plaintiff's legal malpractice claim accrued no earlier than when the agreement was executed, which occurred on November 29,
2002, the date of the last signature on the agreement (see McCoy v Feinman, 99 NY2d 295 [2002]), and this action was commenced less than three years later.

THIS CONSTITUTES THE DECISION AND ORDER
OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.

ENTERED: JUNE 19, 2012

DEPUTY CLERK