Locafrance U.S. Corp. v. Daley-Hodkin Corp.

4 Citing cases

  1. Powers Corp. v. Feinberg

    109 A.D.2d 117 (N.Y. App. Div. 1985)   Cited 90 times
    Affirming dismissal of fraud claim as ancillary to time barred misappropriation claim, stating that "courts will not apply the fraud statute of limitations if the fraud allegation is only incidental to the claim asserted; otherwise fraud would be used as a means to litigate stale claims"

    As the cases make clear, the doctrine of equitable estoppel requires proof that the defendant made an actual misrepresentation or committed some other affirmative wrongdoing ( see, Gold v. City of New York, 80 A.D.2d 138, 144), that the plaintiff relied on the misrepresentation, and that the reliance caused him to delay bringing a timely action. ( Five Platters v Williams, 81 A.D.2d 534; Locafrance U.S. Corp. v. Daley-Hodkin Corp., 60 A.D.2d 804.) Thus, plaintiff's claim of equitable estoppel fails since it is based upon a deposition taken at a time when the Statute of Limitations had already run on its misappropriation claim.

  2. LSF6 Mercury Reo Invs., LLC v. JL Appraisal Serv.

    2013 N.Y. Slip Op. 33206 (N.Y. Sup. Ct. 2013)

    None of the parties have provided this court with the education and practice requirements necessary to be licensed as an Appraiser, but It has been previously determined that a cause of action for negligence by an Appraiser is subject to the three year statute of limitations applicable to non-medical professionals ( Early v. Rossback, 262 A.D. 2d 601, 692 N.Y.S. 2d 465 [2nd Dept. 1999]reversed on other grounds by Brothers v. Florence, 95 N.Y. 2d 290, 739 N.E. 2d 733, 716 N.Y.S. 2d 367 [2000]; CPLR § 214(6); Locafrance U.S. Corp., v. Daley-Hodkin Corp., 60 A.D. 2d 804, 400 N.Y.S. 2d 823 [1st. Dept. 197S]dismissing cause of action for negligent appraisal of the value of electronic equipment when suit instituted more than three years from the date the appraisal was submitted).

  3. LSF6 Mercury Reo Invs., LLC v. Mitchell Assocs.

    2012 N.Y. Slip Op. 33435 (N.Y. Sup. Ct. 2012)   Cited 1 times

    None of the parties have provided this court with the education and practice requirements necessary to be licensed as an Appraiser, but It has been previously determined that a cause of action for negligence by an Appraiser is subject to the three year statute of limitations applicable to non-medical professionals ( Early v. Rossback, 262 A.D. 2d 601, 692 N.Y.S. 2d 465 [2nd. Dept. 1999]reversed on other grounds by Brothers v. Florence, 95 N.Y. 2d 290, 739 N.E. 2d 733, 716 N.Y.S. 2d 367 [2000]; CPLR § 214(6); Locafrance U.S. Corp., v. Daley-Hodkin Corp., 60 A.D. 2d 804, 400 N.Y.S. 2d 823 [1st Dept. 1978]dismissing cause of action for negligent appraisal of the value of electronic equipment when suit instituted more than three years from the date the appraisal was submitted).

  4. Escava v. Escava

    2005 N.Y. Slip Op. 51358 (N.Y. Sup. Ct. 2005)

    In order to make a prima facie showing that defendant should be estopped from asserting the Statute of limitations, plaintiff must establish an allegation that the defendant "'made an actual misrepresentation or committed some other affirmative wrongdoing' that induced plaintiff to delay bringing the action in a timely manner" ( Herman v. Depinies, 273 AD2d 146, 147, quoting Powers Mercantile v. Feiner, 109 AD2d 117, 121, affd 67 NY2d 981). In other words, "[a]s the cases make clear, the doctrine of equitable estoppel requires proof that the defendant made an actual misrepresentation or committed some other affirmative wrongdoing ( see, Gold v. City of New York, 80 AD2d 138, 144), that the plaintiff relied on the misrepresentation, and that the reliance caused him to delay bringing a timely action ( Five Platters v. Williams, 81 AD2d 534; Locafrance U.S. Corp. v. Daley-Hodkin Corp., 60 AD2d 804)" ( Powers Mercantile, 109 AD2d at 122). Further: "due diligence on the part of a plaintiff in bringing the action is an essential element of equitable estoppel ( see Marshall v. Duryea, 172 AD2d 726, 727.