Frederick v. Lansdown Investors of New York, Inc.

The motion court properly found defendant-appellant estopped from denying its status as employer of the codefen*301dant "bouncers” at the Limelight Club, since it misled plaintiffs and never revealed the identity of the owner during a court-ordered pre-action deposition held on the eve of the expiration of the Statute of Limitations. Plaintiffs accepted and relied upon such express and implied admissions (see, BWA Corp. v Alltrans Express U.S.A., 112 AD2d 850, 853). Summary judgment was also properly denied based upon the existence of questions of fact with respect to the identity of the…