Appellate Division of the Supreme Court of New York, 1992

Nowocien v. Frey

Nowocien v. Frey
Appellate Division of the Supreme Court of New York · Decided March 13, 1992
181 A.D.2d 1070
Nowocien v. Frey

Opinion of the Court

— 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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