Plaintiffs commenced this action after the expiration of the two-year Statute of Limitations for a wrongful death action, which by its own terms starts to run upon the death of the decedent (EPTL 5-4.1). The doctrine of equitable estoppel is not applicable, since, even if plaintiffs had shown that defendants willfully withheld decedent's medical records, it is clear that plaintiffs did not justifiably rely on defendants' failure to produce the records in delaying the filing...
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