Pautienis v. Legacy Capital Corp.

Order, Supreme Court, New York County (Debra A. James, *463J.), entered October 31, 2005, which granted defendants’ respective motions to dismiss plaintiffs negligence and conversion claims pursuant to CPLR 3211, and for summary judgment dismissing her remaining claims pursuant to CPLR 3212, unanimously affirmed, without costs.

Plaintiff may not avail herself of the doctrine of equitable estoppel to preclude assertion of a statute of limitations defense because the alleged misrepresentation underlying the estoppel claim is one and the same as that forming the basis of the underlying substantive…