Smith v. Cutson
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
Order unanimously modified on the law and as modified affirmed without costs in accordance with the following Memorandum: Supreme Court erred in concluding that defendant should be estopped from asserting the Statute of Limitations as a defense to plaintiff’s medical malpractice cause of action. Although a defendant may be estopped from pleading the Statute of Limitations "where plaintiff was induced by fraud, misrepresentations or deception to refrain from filing a timely action” (Simcuski v Saeli, 44 NY2d 442, 449), the doctrine of equitable estoppel is to be "invoked sparingly and only…
2Cases cited6 opinions
- Brock v. BuaAppellate Division of the Supreme Court of the State of New York · 1981
- Mondello v. New York Blood CenterNew York Court of Appeals · 1992
- Gross v. New York City Health & Hospitals Corp.Appellate Division of the Supreme Court of the State of New York · 1986
- Hoosac Valley Farmers Exchange, Inc. v. AG Assets, Inc.Appellate Division of the Supreme Court of the State of New York · 1990
- Sucese v. KirschAppellate Division of the Supreme Court of the State of New York · 1991
1 more not listed; retrieve them via the Exa API.
3Cited by12 opinions
- Buran v. CoupalNew York Court of Appeals · 1995
- Tucker v. LorieoAppellate Division of the Supreme Court of the State of New York · 2002
- McClurg v. StateAppellate Division of the Supreme Court of the State of New York · 1994
- Farkas v. FarkasCourt of Appeals for the Second Circuit · 1999
- Svenska Finans International BV v. Scolaro, Shulman, Cohen, Lawler & Burstein, P.C.District Court, N.D. New York · 1999
7 more not listed; retrieve them via the Exa API.