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SIMPSON v. NEW YORK CITY TRANSIT AUTH.

188 A.D.2d 522 (1992)

Trevor Simpson, Respondent, v. New York City Transit Authority, Appellant

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

December 14, 1992

Ordered that the order is affirmed insofar as appealed from, with costs.

We find that the Supreme Court properly denied the defendant's motion to dismiss the complaint as barred by the Statute of Limitations. Based upon the facts and circumstances of this case, the principle of equitable estoppel barred the defendant from asserting the Statute of Limitations as an affirmative defense. The plaintiff established that the defendant...

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