87 A.D.2d 975 | N.Y. App. Div. | 1982
Order unanimously reversed, without costs, motion granted, and complaint dismissed as to moving defendants. Memorandum: This action was commenced against defendants Thomas J. Kelly and Brown, Kelly, Turner, Hassett and Leach (appellants) by service of a summons with notice on March 25,1981. The complaint alleges three causes, of action which sound in breach of contract, attorney malpractice and fraud. This appeal is from an order denying appellants’ motion to dismiss the causes of action as barred by the Statute of Limitations (CPLR 3211, subd [a], par 5). In 1970 plaintiffs retained appel