Griesemer v. Bourst

Appeal from an order and judgment of the Supreme Court (Lomanto, J.), entered April 30, 1987 in Schenectady County, which, upon reargument, inter alia, denied defendant’s cross motion to dismiss the complaint.

The issue before us is whether Supreme Court properly held that defendant was equitably estopped as a matter of law from pleading the defense of Statute of Limitations in plaintiff’s negligence lawsuit. Plaintiff commenced the action against defendant some 4 Vi years after the accident. Supreme Court ruled that defendant was estopped due to plaintiff’s reliance on the notification given…