Kiernan v. Long Island Rail Road
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
—In an action to recover damages for personal injuries, the plaintiff appeals from an order of the Supreme Court, Queens County (O’Donoghue, J.), dated April 16, 1993, which granted the defendant’s motion to dismiss the complaint as barred by the Statute of Limitations.
Ordered that the order is affirmed, with costs.
In considering a motion to dismiss a complaint when the Statute of Limitations has run, a court may estop a defendant from asserting that defense when the defendant has by its *589conduct induced a party to postpone bringing suit on a known cause of action (Cranesville Block Co. v…
2Cases cited12 opinions
- Robinson v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 1965
- Procco v. KennedyAppellate Division of the Supreme Court of the State of New York · 1982
- Cranesville Block Co. v. Niagara Mohawk Power Corp.Appellate Division of the Supreme Court of the State of New York · 1991
- Murphy v. Wegman's Food Markets, Inc.Appellate Division of the Supreme Court of the State of New York · 1988
- Procco v. KennedyNew York Court of Appeals · 1983
7 more not listed; retrieve them via the Exa API.
3Cited by15 opinions
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- Minichello v. Northern Assurance Co. of AmericaAppellate Division of the Supreme Court of the State of New York · 2003
- Phillips v. DweckAppellate Division of the Supreme Court of the State of New York · 2002
- Cedarwood Assoc., LLC v. County of NassauAppellate Division of the Supreme Court of the State of New York · 2022
- Garcia v. PetersonAppellate Division of the Supreme Court of the State of New York · 2006
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