Ashe v. Niagara Frontier Transportation Authority

—Appeal from an order of Supreme Court, Erie County (Glownia, J.), entered February 2, 2001, which granted defendants’ motion and dismissed the complaint.

It is hereby ordered that the order so appealed from be and the same hereby is unanimously affirmed without costs.

Memorandum: Supreme Court properly granted defendants’ motion to dismiss the complaint as time-barred. Contrary to plaintiff’s contention, defendants are not estopped from asserting the statute of limitations as a defense where, as here, there is no proof that plaintiff “was induced by fraud, misrepresentations or deception to…