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DEMATTEO v. RATZAN

300 A.D.2d 344 (2002)

751 N.Y.S.2d 766

MARY A. DEMATTEO, Respondent, v. SANFORD A. RATZAN, M.D., P.C., et al., Appellants.

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

Decided December 9, 2002.

Ordered that the order is affirmed, with costs.

We agree with the Supreme Court that the plaintiff made sufficient allegations of fraudulent concealment by the defendants of her injuries to, at the very least, raise triable issues of fact as to whether equitable estoppel is applicable to prevent the defendants from asserting the defense of the statute of limitations (see Simcuski v Saeli, 44 N.Y.2d 442; Harkin v Culleton...

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