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PAHLAD v. BRUSTMAN

8 N.Y.3d 901 (2007)

865 N.E.2d 1240

834 N.Y.S.2d 74

JENNA LYNN PAHLAD, an Infant, by the Appointed Guardian of Her Properties, DANIEL BERGER, et al., Appellants, v. LOIS BRUSTMAN, M.D., et al., Respondents.

Court of Appeals of the State of New York.

Decided March 27, 2007.

Attorney(s) appearing for the Case

Benjamin Heinrich, P.C., Bronx (Benjamin Heinrich of counsel), for appellants.

Aaronson Rappaport Feinstein & Deutsch, LLP, New York City (Steven C. Mandell of counsel), for respondents.

Chief Judge KAYE and Judges CIPARICK, GRAFFEO, READ, SMITH, PIGOTT and JONES concur.

OPINION OF THE COURT

MEMORANDUM.

The order of the Appellate Division should be affirmed with costs. Plaintiffs had "timely awareness of the facts requiring [them] to make further inquiry before the statute of limitations expired," and an equitable estoppel defense to the statute of limitations is therefore "inappropriate as a matter of law" (see Putter v North Shore Univ. Hosp., 7 N.Y.3d 548, 553-554 [2006]).

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