Reep v. Mamaroneck Union Free School District
This text of 57 A.D.3d 754 (Reep v. Mamaroneck Union Free School District) 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.
Opinion
[755]*755Under the circumstances of this case, the Supreme Court correctly determined that the defendant was estopped from asserting a notice of claim defense as a matter of law (see Conquest Cleaning Corp. v New York City School Constr. Auth., 279 AD2d 546 [2001]).
Additionally, the Supreme Court properly determined, in effect, that based upon the undisputed facts the defendant was equitably estopped from asserting the statute of limitations defense (see Zumpano v Quinn, 6 NY3d 666, 675 [2006]; Gleason v Spota, 194 AD2d 764, 765 [1993]).
The defendant’s remaining contentions are without merit. Rivera, J.E, Spolzino, Garni and Leventhal, JJ., concur.
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Cite This Page — Counsel Stack
57 A.D.3d 754, 868 N.Y.2d 914, Counsel Stack Legal Research, https://law.counselstack.com/opinion/reep-v-mamaroneck-union-free-school-district-nyappdiv-2008.