Stein Indus., Inc. v. Certilman Balin Adler & Hyman, LLP
| Decision Date | 05 April 2017 |
| Citation | 149 A.D.3d 788,51 N.Y.S.3d 183 |
| Parties | STEIN INDUSTRIES, INC., et al., appellants, v. CERTILMAN BALIN ADLER & HYMAN, LLP, respondent. |
| Court | New York Supreme Court — Appellate Division |
149 A.D.3d 788
51 N.Y.S.3d 183
STEIN INDUSTRIES, INC., et al., appellants,
v.
CERTILMAN BALIN ADLER & HYMAN, LLP, respondent.
Supreme Court, Appellate Division, Second Department, New York.
April 5, 2017.
Glassberg & Associates, LLP, Port Washington, NY (Steven H. Glassberg of counsel), for appellants.
Certilman Balin Adler & Hyman, LLP, East Meadow, NY (Thomas J. McNamara and Anthony W. Cummings of counsel), respondent pro se.
REINALDO E. RIVERA, J.P., L. PRISCILLA HALL, SHERI S. ROMAN, and VALERIE BRATHWAITE NELSON, JJ.
In an action, inter alia, to recover damages for legal malpractice, the plaintiffs appeal, as limited by their brief, from so much of an order of the Supreme Court, Suffolk County (Emerson, J.), dated August 13, 2015, as granted that branch of the defendant's motion which was pursuant to CPLR 3211(a)(5) to dismiss, as time-barred, the first and second causes of action.
ORDERED that the order is reversed insofar as appealed from, on the law, with costs, and that branch of the defendant's motion which was pursuant to CPLR 3211(a)(5) to dismiss the first and second causes of action is denied.
In March 2010, the plaintiff Andrew Stein retained the defendant law firm to represent him in connection with the purchase of his brother's interest in several companies, including the plaintiff Stein Industries, Inc. (hereinafter Stein Industries). The closing of the transaction occurred in April 2010. On March 27, 2015, the plaintiffs commenced this action against the defendant, inter alia, to recover damages for legal malpractice, alleging that the employees of Stein Industries were members of a union and that the defendant failed to discover that, upon the sale of the business, an "Unfunded Vested Pension Liability" became due and owing to the union, which caused the plaintiffs to be damaged in the sum of $500,000. In the order appealed from, the Supreme Court, inter alia, granted that branch of
the defendant's motion which was pursuant to CPLR 3211(a)(5) to dismiss, as time-barred, the first cause of action, which was to recover damages for professional negligence, and the second cause of action, which was to recover damages for legal malpractice.
In moving to dismiss a cause of action pursuant to CPLR 3211(a)(5) as barred by the...
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