Tuesday, July 5, 2016

An equitable estoppel defense.

Practice point:  The Appellate Division affirmed dismissal of the defamation claim as time-barred.  Plaintiff failed to establish that the doctrine of equitable estoppel bars defendants from asserting a statute of limitations defense to his claims. He contends that defendants' fraud and misrepresentations prevented him from discovering defendants' identity, not that he was lulled into inaction by defendants in order to allow the statute of limitations to lapse. Neither does plaintiff allege a fiduciary relationship between himself and defendants.

Student note:  The Appellate Division noted that, in any event, plaintiff's allegations that he acted diligently in bringing this action are refuted by the two open letters he published. The letters demonstrate that plaintiff had sufficient knowledge to bring an action for more than a year before he commenced this action.

Case:  Bacon v. Nygard, NY Slip Op 05028 (1st Dep't June 23, 2016)

Here is the decision.

Tomorrow's issue:  CPLR 203(d) and equitable recoupment on a counterclaim.