COMMERCE AND INDUSTRY INSURANCE COMPANY v. IMREX COMPANY, INC.


270 A.D.2d 147 (2000)

706 N.Y.S.2d 320

COMMERCE AND INDUSTRY INSURANCE COMPANY, Appellant, v. IMREX COMPANY, INC., et al., Respondents, et al., Defendants.

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

Decided March 23, 2000.


The action was properly dismissed as against defendants-respondents upon a finding that plaintiff was on at least inquiry notice of the allegedly inflated claims as early as 1995, more than two years before institution of the instant action in 1998, and, indeed, plaintiff does not appear to argue otherwise. Instead, plaintiff argues that the action is saved by the doctrine of equitable estoppel in that the fraud alleged in the complaint caused it to be unaware of its cause...

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