Legal Opinion

Duberstein v. National Medical Health Card Systems, Inc.

Appellate Division of the Supreme Court of the State of New York

Decided February 8, 2007PublishedCited by 5 opinions

1Opinion of the Court

*210Order, Supreme Court, New York County (Harold B. Beeler, J.), entered January 3, 2006, which, inter alia, granted defendants’ motion to dismiss the complaint as untimely, unanimously affirmed, with costs.

In this action alleging the 1991 wrongful seizure and sale of plaintiffs stock in satisfaction of a judgment, plaintiff was not entitled to the remedy of equitable estoppel since he failed to allege affirmative conduct by defendants that induced his reasonable reliance and prevented him from commencing this action within the applicable limitations period (see Zumpano v Quinn, 6 NY3d 666, 674,…

2Cases cited7 opinions

  1. Kaufman v. CohenAppellate Division of the Supreme Court of the State of New York · 2003
  2. Zumpano v. QuinnNew York Court of Appeals · 2006
  3. Rizk v. CohenNew York Court of Appeals · 1989
  4. Mitschele v. SchultzAppellate Division of the Supreme Court of the State of New York · 2006
  5. Thompson v. CooperAppellate Division of the Supreme Court of the State of New York · 2005

2 more not listed; retrieve them via the Exa API.

3Cited by5 opinions

  1. Sethi v. MorrisseyAppellate Division of the Supreme Court of the State of New York · 2013
  2. Lopez v. Nassau County Sheriffs DepartmentDistrict Court, E.D. New York · 2020
  3. Sethi v. MorrisseyAppellate Division of the Supreme Court of the State of New York · 2013
  4. Su v. Sotheby's Inc.District Court, S.D. New York · 2020
  5. Whale Telecom Ltd. v. Qualcomm Inc.Appellate Division of the Supreme Court of the State of New York · 2007

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API