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DUBERSTEIN v. NATIONAL MEDICAL HEALTH CARD SYSTEMS, INC.

37 A.D.3d 209 (2007)

829 N.Y.S.2d 95

MARTIN DUBERSTEIN, Appellant, v. NATIONAL MEDICAL HEALTH CARD SYSTEMS, INC., et al., Respondents.

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

Decided February 8, 2007.

In this action alleging the 1991 wrongful seizure and sale of plaintiff's stock in satisfaction of a judgment, plaintiff was not entitled to the remedy of equitable estoppel since he failed to allege affirmative conduct by defendants that induced his reasonable reliance and prevented him from commencing this action within the applicable limitations period (see Zumpano v Quinn, 6 N.Y.3d 666, 674, 677 [2006]). Moreover, equitable estoppel...

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