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Nowocien v. Frey

Appellate Division of the Supreme Court of New York, Fourth Department
Mar 13, 1992
181 A.D.2d 1070 (N.Y. App. Div. 1992)

Opinion

March 13, 1992

Appeal from the Supreme Court, Erie County, Sedita, J.

Present — Boomer, J.P., Pine, Lawton, Boehm and Davis, JJ.


Order unanimously reversed on the law without costs, motion granted and complaint dismissed. Memorandum: Plaintiffs failed to allege facts from which the court could find that defendants were estopped from seeking dismissal of the complaint on Statute of Limitations grounds (see, Goyea v Town of Bangor, 144 A.D.2d 886; Jordan v Ford Motor Co., 73 A.D.2d 422). Thus, defendants' motion to dismiss should have been granted.


Summaries of

Nowocien v. Frey

Appellate Division of the Supreme Court of New York, Fourth Department
Mar 13, 1992
181 A.D.2d 1070 (N.Y. App. Div. 1992)
Case details for

Nowocien v. Frey

Case Details

Full title:JAMES C. NOWOCIEN et al., Respondents, v. MICHAEL S. FREY et al.…

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

Date published: Mar 13, 1992

Citations

181 A.D.2d 1070 (N.Y. App. Div. 1992)