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AZZU v. REARDON

297 A.D.2d 554 (2002)

747 N.Y.S.2d 152

JULIE AZZU, Appellant, v. JAMES REARDON et al., Respondents.

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

Decided September 19, 2002.

The motion court properly concluded, as a matter of law, that defendants were not estopped from asserting a statute of limitations defense. Plaintiff failed to sustain her burden to demonstrate that defendants made misrepresentations causing her to forebear from bringing suit (see Simcuski v Saeli, 44 N.Y.2d 442, 449). The record, in fact, demonstrates that plaintiff was advised by defendants that skin had grown over the sutures...

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