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20 Clarke Place Realty Corp., Respondent, v. Rudges and Co., Inc., et al., Appellants

New York Supreme Court, Appellate Division1999-12-21
267 A.D.2d 141700 N.Y.S.2d 23

Authorities cited

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Opinion

majority 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.