Nowocien v. Frey

Appellate Division of the Supreme Court of New York

Nowocien v. Frey

181 A.D.2d 1070

CourtAppellate Division of the Supreme Court of the State of New York

DecidedMarch 13, 1992

StatusPublished

This text of 181 A.D.2d 1070 (Nowocien v. Frey) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Nowocien v. Frey, 181 A.D.2d 1070 (N.Y. Ct. App. 1992).

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Opinion

— Order unanimously reversed on the law without costs, motion granted and complaint dismissed. Memorandum: Plaintiffs failed to allege facts from which the court could find that defendants were estopped from seeking dismissal of the complaint on Statute of Limitations grounds (see, Goyea v Town of Bangor, 144 AD2d 886; Jordan v Ford Motor Co., 73 AD2d 422). Thus, defendants’ motion to dismiss should have been granted. (Appeal from Order of Supreme Court, Erie County, Sedita, J. — Dismiss Complaint.) Present— Boomer, J. P., Pine, Lawton, Boehm and Davis, JJ.

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— Order unanimously reversed on the law without costs, motion granted and complaint dismissed. Memorandum: Plaintiffs failed to allege facts from which the court could find that defendants were estopped from seeking dismissal of the complaint on Statute of Limitations grounds (see, Goyea v Town of Bangor, 144 AD2d 886; Jordan v Ford Motor Co., 73 AD2d 422). Thus, defendants’ motion to dismiss should have been granted. (Appeal from Order of Supreme Court, Erie County, Sedita, J. — Dismiss Complaint.) Present— Boomer, J. P., Pine, Lawton, Boehm and Davis, JJ.

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181 A.D.2d 1070, Counsel Stack Legal Research, https://law.counselstack.com/opinion/nowocien-v-frey-nyappdiv-1992.

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