Opinion
11715 Index 156876/14
06-25-2020
BENE LLC, Plaintiff-Appellant, v. NEW YORK SMSA LIMITED PARTNERSHIP, Defendant-Respondent, A-Z Corporations, et al., Defendants. Leslie J. Snyder, Esq., Nonparty Respondent.
Garth Molander, Bohemia, for appellant. Montfort, Healy, McGuire & Salley LLP, Garden City (Christopher T. Cafaro of counsel), for New York SMSA Limited Partnership, respondent. Snyder & Snyder, LLP, Tarrytown (Carlotta Cassidy of counsel), for Leslie J. Snyder, respondent.
Garth Molander, Bohemia, for appellant.
Montfort, Healy, McGuire & Salley LLP, Garden City (Christopher T. Cafaro of counsel), for New York SMSA Limited Partnership, respondent.
Snyder & Snyder, LLP, Tarrytown (Carlotta Cassidy of counsel), for Leslie J. Snyder, respondent.
Renwick, J.P., Mazzarelli, Webber, Kern, Moulton, JJ.
Order, Supreme Court, New York County (Kelly O'Neill Levy, J.), entered on or about July 10, 2019, which, insofar as appealed from as limited by the briefs, granted defendant's motion to dismiss and for summary judgment to the extent of dismissing as time-barred any breach of contract claim that accrued before July 14, 2008, granted defendant's and nonparty Leslie Snyder, Esq.'s motions to quash subpoenas issued by plaintiff to Sedgwick Claims Management Services, Inc. and Snyder, respectively, and sub silentio denied plaintiff's cross motions to compel, unanimously affirmed, without costs.
The motion court correctly rejected plaintiff's argument that defendant is equitably estopped to assert a statute of limitations defense. The record demonstrates as a matter of law that defendant's conduct in negotiating a settlement with plaintiff did not induce plaintiff to refrain from timely commencing this action (see Dailey v. Mazel Stores, 309 A.D.2d 661, 663, 766 N.Y.S.2d 178 [1st Dept. 2003] ). The court also correctly found that any information plaintiff seeks to uncover regarding the involvement of nonparties Sedgwick and Snyder in negotiating a settlement is irrelevant (see Matter of Kapon v. Koch, 23 N.Y.3d 32, 38, 988 N.Y.S.2d 559, 11 N.E.3d 709 [2014] ).