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KIERNAN v. LONG ISLAND RAIL RD.

209 A.D.2d 588 (1994)

619 N.Y.S.2d 723

Rita Kiernan, Appellant, v. Long Island Rail Road, Respondent

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

November 21, 1994

Ordered that the order is affirmed, with costs.

In considering a motion to dismiss a complaint when the Statute of Limitations has run, a court may estop a defendant from asserting that defense when the defendant has by its conduct induced a party to postpone bringing suit on a known cause of action (Cranesville Block Co. v Niagara Mohawk Power Corp., 175 A.D.2d 444). To establish...

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