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AYANGBESAN v. FINKELSTEIN

8476. 162328/15.

169 A.D.3d 561 (2019)

92 N.Y.S.3d 650

2019 NY Slip Op 01324

Aderonke Ayangbesan, Respondent, v. Seth Finkelstein, M.D., Appellant.

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

Decided February 21, 2019.

On the record created by the parties' submissions on the motion and cross motion, triable issues exist as to whether defendant is equitably estopped to assert the affirmative defense of the statute of limitations (Simcuski v Saeli, 44 N.Y.2d 442, 453-454 [1978]). Accordingly, while we affirm the denial of defendant's motion to dismiss the complaint as untimely, we modify to deny plaintiff...

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