Piscitella v. City of Troy

Cardona, P. J. (dissenting).

I respectfully dissent. The doctrine of estoppel can be applied "against a governmental entity if failure to apply the doctrine would defeat a right legally and rightfully obtained” (Matter of Owens v McGuire, 121 AD2d 292, 295). This is an " 'unusual factual situation[ ]’ ” (Matter of E.F.S. Ventures Corp. v Foster, 71 NY2d 359, 369) unlike those where a plaintiff fails to take steps to secure a benefit (see, Freda v Board of Educ., 224 AD2d 360) or loses out on a future benefit because of misinformation supplied by a public employer (see, Matter of Novak v New…