WIESEL v. 310 EAST 46 LLC


62 A.D.3d 516 (2009)

880 N.Y.S.2d 10

ERIKA WIESEL, Appellant, v. 310 EAST 46 LLC, Respondent.

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

May 14, 2009.


The court correctly dismissed as untimely the first three causes of action seeking damages based on a hazardous condition in plaintiff's apartment (see CPLR 214-c [2]) and correctly declined to apply the extraordinary remedy of equitable estoppel to prevent defendant from asserting the statute of limitations defense. Plaintiff contends that she delayed commencing this lawsuit in reliance on a stipulation of settlement in a housing court proceeding in which defendant...

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