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Castle Oil Corp. v. Thompson Pension Employee Plans11/25/2002
sually pass a series of examinations administered by the Casualty Actuarial Society or the Society of Actuaries, there is no formal educational criteria for entry into this field. Furthermore, while individuals are alternatively permitted to become actuaries through work experience, the required duration of this experience is not specified. Considering these factors, we conclude that actuaries are not professionals within the meaning of CPLR 214(6) (see Chase Scientific Research v. NIA Group, supra; see also Matthews and Fields Lumber Co. v. New England Ins. Co., 113 FSupp 2d 574, 578-579).
Accordingly, the plaintiff may not rely upon the doctrine of continuous representation, which tolls malpractice claims against those professional groups which are within the scope of CPLR 214(6) (see Chase Scientific Research v. NIA Group, supra at 31; Eastman Kodak Co. v Prometheus Funding Corp., 283 AD2d 216; see also Matthews and Fields Lumber Co. v. New England Ins. Co., supra). Since the continuous representation toll is not available, and the plaintiff commenced this action more than three years after the defendant committed its alleged acts of negligence, the plaintiff's cause of action alleging negligent performance of services is barred by the three-year statute of limitations which governs negligence claims (see CPLR 214(4); Chase Scientific Research v. NIA Group, supra).
The plaintiff's remaining contentions are without merit.
KRAUSMAN, J.P., GOLDSTEIN, TOWNES and RIVERA, JJ., concur.
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