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COSTA v. PARRY

121 A.D.2d 360 (1986)

Kent Costa, Respondent, v. John B. Parry, Appellant. (And a Third-Party Action.)

Appellate Division of the Supreme Court of the State of New York, Second Department.

June 2, 1986

Order affirmed, with costs.

We reject the defendant's contention that he has established an equitable estoppel defense as a matter of law so as to entitle him to summary judgment. Estoppel may be applied in an appropriate case in order to avoid the working of a fraud or injustice upon one of the parties (see, Nassau Trust Co. v Montrose Concrete Prods. Corp., 56 N.Y.2d 175, rearg denied 57 N.Y.2d 674; Holm...

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