Nowocien v. Frey

Appellate Division of the Supreme Court of New York

Nowocien v. Frey

181 A.D.2d 1070

Appellate Division of the Supreme Court of the State of New York·Decided March 13, 1992·Published

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.

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

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Opinion

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