Azzu v. Reardon

The motion court properly concluded, as a matter of law, that defendants were not estopped from asserting a statute of limitations defense. Plaintiff failed to sustain her burden to demonstrate that defendants made misrepresentations causing her to forebear from bringing suit (see Simcuski v Saeli, 44 NY2d 442, 449). The record, in fact, demonstrates that plaintiff was advised by defendants that skin had grown over the sutures put in place during plaintiffs initial surgery and that additional surgery would be required if the sutures were to be removed. Moreover, that the sutures could not be…