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SMITH v. SMITH

No. 1333, Docket 86-7993.

830 F.2d 11 (1987)

Jeanne Allyn SMITH, Plaintiff-Appellant, v. Franklin Karl SMITH, Defendant-Appellee.

United States Court of Appeals, Second Circuit.

Decided September 30, 1987.

Attorney(s) appearing for the Case

Alan D. Rosenfeld, Marshfield, Vt., for plaintiff-appellant.

Anthony C. Ben, Lockport, N.Y., for defendant-appellee.

Before VAN GRAAFEILAND, CARDAMONE and PIERCE, Circuit Judges.

VAN GRAAFEILAND, Circuit Judge:

Jeanne Allyn Smith appeals from a summary judgment of the United States District Court for the Western District of New York (Elfvin, J.) dismissing her complaint as time-barred. Appellant argues on appeal that the district court erred in rejecting her contention that appellee was equitably estopped from relying on the New York statute of limitations. Because we agree with the district court that, under New York law, the doctrine of...

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