Hoffman v. Hoffman

Order, Supreme Court, New York County (C. Beauchamp Ciparick, J.), entered on or about November 30, 1988, which granted defendants’ motion to dismiss the complaint as time barred, unanimously affirmed, without costs.

The complaint, generally, alleges various acts of rape and incest committed by the defendants during plaintiffs infancy, and shortly thereafter. Since the plaintiff reached her majority in 1961, and since she is now over 40 years of age, the alleged conduct of the defendants is not actionable unless the defendants are estopped from raising the Statute of Limitations as a defense.…