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Glachan v. Archdiocese of New York

Appellate Division of the Supreme Court of New York, Second Department
Jul 15, 1996
229 A.D.2d 468 (N.Y. App. Div. 1996)

Opinion

July 15, 1996

Appeal from the Supreme Court, Westchester County (Burrows, J.).


Ordered that the order is affirmed, with costs.

The plaintiff did not commence the instant action, based upon incidents occurring between 1977 and 1981, until 1995. Thus, his causes of action sounding in negligence and breach of contract were time-barred when this action was commenced. Furthermore, the plaintiff failed to state a cause of action sounding in fraud (see, Doe v. Roe, 192 A.D.2d 1089, 1090).

The defendant is not equitably estopped from pleading the Statute of Limitations as a defense since the plaintiff failed to demonstrate that a fiduciary relationship existed between himself and the defendant or that the defendant's conduct induced him to refrain from timely commencing an action against it (see, Simcuski v. Saeli, 44 N.Y.2d 442; Zoe G. v. Frederick F.G., 208 A.D.2d 675, 676; Gleason v. Spota, 194 A.D.2d 764, 765; Phelps v Greco, 177 A.D.2d 559). Miller, J.P., O'Brien, Goldstein and McGinity, JJ., concur.


Summaries of

Glachan v. Archdiocese of New York

Appellate Division of the Supreme Court of New York, Second Department
Jul 15, 1996
229 A.D.2d 468 (N.Y. App. Div. 1996)
Case details for

Glachan v. Archdiocese of New York

Case Details

Full title:ANDREW GLACHAN, Appellant, v. ARCHDIOCESE OF NEW YORK, Respondent

Court:Appellate Division of the Supreme Court of New York, Second Department

Date published: Jul 15, 1996

Citations

229 A.D.2d 468 (N.Y. App. Div. 1996)
645 N.Y.S.2d 529