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PAUTIENIS v. LEGACY CAPITAL CORPORATION

36 A.D.3d 462 (2007)

828 N.Y.S.2d 336

BEATRICE PAUTIENIS, Appellant, v. LEGACY CAPITAL CORPORATION, Respondent, et al., Defendants.

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

Decided January 11, 2007.

Plaintiff may not avail herself of the doctrine of equitable estoppel to preclude assertion of a statute of limitations defense because the alleged misrepresentation underlying the estoppel claim is one and the same as that forming the basis of the underlying substantive cause of action for negligence (see Rizk v Cohen, 73 N.Y.2d 98, 105-106 [1989]; Transport Workers Union of Am. Local 100 AFL-CIO v Schwartz,

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