Legal Opinion

IDT Corp. v. Morgan Stanley Dean Witter & Co.

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

Decided December 27, 2012Published

1Opinion of the Court

Plaintiff is unable to allege that it reasonably relied on defendants’ misrepresentation that they would stop disparaging it in discussions with Telefonica. In a prior appeal, the Court of Appeals rejected plaintiffs argument that defendants’ statute of limitations affirmative defenses should be barred by equitable estoppel, because after learning of defendants’ disparagement of it, plaintiff was on inquiry notice that it might have legal claims against them and therefore “should have made further inquiry before the statute of limitations expired” (see 12 NY3d 132, 141 [2009]). Contrary to…

2Cases cited3 opinions

  1. Lama Holding Co. v. Smith Barney Inc.New York Court of Appeals · 1996
  2. IDT Corp. v. Morgan Stanley Dean Witter & Co.New York Court of Appeals · 2009
  3. Rosenblum v. GlogoffAppellate Division of the Supreme Court of the State of New York · 2012

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

Powered by the Exa API