Novak Co. v. Board of Educ. of City of N.Y

Full title: NOVAK CO., L.T., Appellant, v. BOARD OF EDUCATION OF THE CITY OF NEW YORK…

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

Date published: Jul 10, 1995

217 A.D.2d 575 (N.Y. App. Div. 1995)

628 N.Y.S.2d 597

Opinion

July 10, 1995

Appeal from the Supreme Court, Kings County (Hutcherson, J.).

Ordered that the order and judgment is affirmed, with costs.

It is well established that "[a]bsent an unusual factual situation, `estoppel is not available against a governmental agency engaging in the exercise of its governmental functions'" (Advanced Refractory Technologies v. Power Auth., 81 N.Y.2d 670, 677, quoting D'Angelo v. Triborough Bridge Tunnel Auth., 65 N.Y.2d 714, 715-716). The plaintiff has failed to establish that such an unusual factual situation exists sufficient to entitle it to equitably estop the defendant from asserting the defense of the Statute of Limitations (see, Matter of Gross v. New York City Health Hosps. Corp., 122 A.D.2d 793). Accordingly, the court properly granted the defendant's motion for summary judgment finding that the plaintiff's complaint is barred by the Statute of Limitations. Rosenblatt, J.P., Ritter, Copertino and Hart, JJ., concur.