1 No. 75 SSM 3
20 Clarke Place Realty Corp., Respondent,
v.
Rudges and Co., Inc., et al.,
Appellants.
_________________________________________________________________
2001 NY Int. 28
March 22, 2001
This memorandum is uncorrected and subject to revision before
publication in the New York Reports.
Submitted by Debra Miller Krebs, for appellants.
Submitted by Victor Mevorah, for respondent.
_________________________________________________________________
_________________________________________________________________
MEMORANDUM:
The order of the Appellate Division should be modified, without costs,
by dismissing the negligence and breach of fiduciary duty causes of
action, and otherwise affirmed (see, Chase Scientific Research, Inc.,
v The NIA Group, Inc. (decided today)). The certified question should
be answered in the negative. Defendants argue, without opposition,
that these causes of action -- even if not malpractice -- are barred
by the three-year limitations period. We note, as we did in Chase,
that defendants have not challenged the viability of the breach of
contract cause of action, and we do not pass on it.
On review of submissions pursuant to section 500.4 of the Rules, order
modified, without costs, by dismissing the negligence and breach of
fiduciary duty causes of action and, as so modified, affirmed, and
certified question answered in the negative, in a memorandum. Chief
Judge Kaye and Judges Smith, Levine, Ciparick, Wesley, Rosenblatt and
Graffeo concur.
Decided March 22, 2001
SNIPPETS:
This memorandum is uncorrected and subject to revision before publication in the New York
for appellants.
Submitted by Victor Mevorah, for respondent.
The order of the Appellate Division should be modified, without costs, by dismissing the
The certified question should be answered in the negative.
Defendants argue, without opposition, that these causes of action -- even if not malpractice
We note, as we did in Chase, that defendants have not challenged the viability of the breach
On review of submissions pursuant to section 500.4 of the Rules, order modified, without
Chief Judge Kaye and Judges Smith, Levine, Ciparick, Wesley, Rosenblatt and Graffeo concur.
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