January 12, 2012

Equitable estoppel.

Practice point: The extraordinary remedy of equitable estoppel may be invoked to bar the affirmative defense of the statute of limitations only where the defendant's affirmative wrongdoing contributed to the delay between accrual of the cause of action and commencement of the legal proceeding.

Student note: The plaintiff must demonstrate reasonable reliance on the defendant's misrepresentations, and the plaintiff's due diligence in ascertaining the facts.

Case: Clark v. Ravikumar, NY Slip Op 09580 (2d Dept. 2011).


Tomorrow’s issue:  Jurisdiction.