Elmer v. Village of Honeoye Falls

Order unanimously affirmed, without costs, in accordance with the following memorandum: The complaint herein was properly dismissed. Plaintiffs failed to commence the action within the 18-month period governing contract actions against a village (CPLR 9802). While it is true that in a proper case a municipality may be estopped from asserting a Statute of Limitations defense (Bender v New York City Health & Hosps. Corp., 38 NY2d 662, 668; 17 McQuillin, Municipal Corporations [3d ed], § 49.07, p 138), plaintiffs produced no proof of affirmative misconduct or misrepresentation by the village…