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KILSTEIN v. AGUDATH COUNCIL OF GREATER NEW YORK, INC.

133 A.D.2d 809 (1987)

Issac Kilstein, Appellant, v. Agudath Council of Greater New York, Inc., Respondent

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

October 26, 1987

Ordered that the judgment is reversed, on the law, with costs, the motion is granted, and the cross motion is denied.

A party may be equitably estopped from pleading the Statute of Limitations as a defense where he has induced the petitioner by fraud, misrepresentation or deception to refrain from commencing the proceeding in timely fashion (see, Simcuski v Saeli, 44 N.Y.2d 442, 448-449; McIvor v Di Benedetto

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