Opinion · New York Court of Appeals
Gilbert Properties, Inc. v. Millstein
Gilbert Properties, Inc. v. Millstein, 33 N.Y.2d 857 (New York Court of Appeals 1973)
- Type
- Opinion
- Court
- New York Court of Appeals
- Jurisdiction
- New York
- Date
- 1973-12-27
- Topic
- employee-benefits-and-executive-compensation
How later courts describe this case
- the Flanagan delayed-discovery rule inapplicable to untimely malpractice action commenced when plaintiff became aware of defendant’s wrongful acts
Citator
UpLaw has not yet analyzed Gilbert Properties, Inc. v. Millstein. The absence of a flag is not a finding that it is good law.
- Cited by
- 35 opinions
Order affirmed, without costs, in the following memorandum: Plaintiff client’s cause of action against defendant attorney for malpractice accrued, at the latest, when the áttorney-cliént relationship between them ended in 1966. (Cf., e.g., Borgia v. City of New York, 12 N Y 2d 151, 155; Siegel v. Kranis, 29 A D 2d 477, 480; see, also, Note, 18 ALR 3d 985 et seq.) Consequently, since the plaintiff’s suit for malpractice was commenced in 1970, the determination of the Appellate Division that the-plaintiff’s action was time-barred by the three-year period of limitations (CPLR 203; CPLR 214, subd. 6), though based on an earlier date of accrual, should be affirmed.
Concur: Chief Judge Fetld and Judges Burke, Brbitel, Jasen, Gabrielli, Jones and Waohtler.