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BAYUK v. GILBERT

57 A.D.3d 227 (2008)

868 N.Y.S.2d 645

MARY JUNE BAYUK, Appellant, v. MARVIN GILBERT, M.D., Respondent.

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

December 2, 2008.

The summons and complaint were filed approximately 16 months after the 2½-year statute of limitations expired. For estoppel to preclude the assertion of a statute of limitations defense, plaintiff must establish by clear and convincing evidence (see Central Fed. Sav. v Laurels Sullivan County Estates Corp., 145 A.D.2d 1, 6 [1989], lv denied 76 N.Y.2d 704 [1990]) that she failed to commence her action in a timely fashion...

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