East Midtown Plaza Housing Co. v. City of New York
Court: Appellate Division of the Supreme Court of the State of New York; August 31, 1995; New York; State Appellate Court
The Supreme Court of New York County, led by Judge Walter Tolub, issued an order on March 2, 1994, granting motions to dismiss filed by defendants Cauldwell and Kreisler. The court unanimously affirmed the dismissal without costs, determining that the plaintiff's claims—based on breach of contract, breach of warranty, and negligence—were time-barred, having been filed more than six years after the construction completion. The plaintiff's attempt to invoke equitable estoppel to revive these claims was rejected, as such relief requires evidence that the plaintiff was misled into inaction by the defendant, which was not substantiated in this case. Specifically, the court noted that a requisition form used in the project, which the plaintiff claimed falsely indicated completion of work per contract terms, did not constitute a sufficient representation to prevent timely legal action. Additionally, the court highlighted that for equitable estoppel to be applicable, a fiduciary relationship must exist between the parties, which was not present. The court also dismissed the plaintiff's fraud claims, as they were based on the same facts as the breach of contract claims. The decision was concurred by Justices Rosenberger, Ellerin, Kupferman, Tom, and Mazzarelli.