In an action for a judgment declaring that the defendants are obligated to defend and indemnify the plaintiffs in an underlying legal malpractice action entitled Sapir v Reznick, pending in the Supreme Court, Nassau County, under index No. 1324/04, the defendants appeal from an order of the Supreme Court, Kings County (Schmidt, J.), dated December 19, 2006, which denied their motion for summary judgment declaring that they are not obligated to so defend or indemnify the plaintiffs.
Ordered that the order is reversed, on the law, with costs, the defendants’ motion for summary judgment is granted, and the matter is remitted for the entry of a judgment declaring that the defendants are not obligated to defend or indemnify the plaintiffs in the underlying legal malpractice action entitled Sapir v Reznick, pending in the Supreme Court, Nassau County, under index No. 1324/04.
At all relevant times, the plaintiffs were insured for professional malpractice under a policy issued by the defendants. One condition precedent to coverage was a timely notice of claim. The plaintiffs commenced this action to challenge a disclaimer of coverage by the defendants based on a failure of that condition precedent, and for a judgment declaring that the defendants are obligated to defend and indemnify them in an underlying legal malpractice action entitled Sapir v Reznick, pending in the Supreme Court, Nassau County, under index No. 1324/04. The Supreme Court should have granted the defendants’ motion for summary judgment declaring that they are not obligated to defend or indemnify the plaintiffs in the underlying legal malpractice action.
In 1995 the plaintiffs were retained by Mark Sapir and Zoya
In support of their motion for summary judgment, the defendants demonstrated, prima facie, that the plaintiffs failed to provide notice of a potential legal malpractice claim within a reasonable time in view of all of the circumstances (see Great Canal Realty Corp. v Seneca Ins. Co., Inc., 5 NY3d 742 [2005]; 120 Whitehall Realty Assoc., LLC v Hermitage Ins. Co., 40 AD3d 719 [2007]; Genova v Regal Mar. Indus., 309 AD2d 733 [2003]; Zadrima v PSM Ins. Cos., 208 AD2d 529 [1994]). We agree that, at a minimum, the plaintiffs knew or should have known of a potential malpractice claim no later than July 2003. The notice provided a year later was unreasonable as a matter of law (see e.g. Deso v London & Lancashire Indem. Co. of Am., 3 NY2d 127 [1957]; Steinberg v Hermitage Ins. Co., 26 AD3d 426 [2006]; Modern Cont. Constr. Co., Inc. v Giarola, 27 AD3d 431 [2006]; Zadrima v PSM Ins. Cos., 208 AD2d at 529). In light of this conclusion, we need not and do not address whether or not the plaintiffs’ obligation to provide notice was triggered at any earlier point.
Since this is an action for a declaratory judgment, we remit the matter to the Supreme Court, Kings County, for the entry of a judgment declaring that the defendants are not obligated to defend or indemnify the plaintiffs in the underlying legal malpractice action (see Lanza v Wagner, 11 NY2d 317, 334 [1962], appeal dismissed 371 US 74 [1962], cert denied 371 US 901 [1962]). Spolzino, J.P., Ritter, Covello and Dickerson, JJ., concur.
