Practice point: The Appellate Division determined that plaintiffs' claims for conversion and tortious interference with
contract against the individual defendant, relating to unpaid producer royalties allegedly
due to plaintiffs since 1992, were properly dismissed as time-barred.
Plaintiffs cannot argue that defendant should be equitably estopped from
raising the statute of limitations defense since the issue was not
raised before the motion court. In any event, the argument is unavailing because
plaintiffs rely on the same acts that form the basis of their underlying
claims.
Student note: For equitable estoppel to apply, plaintiffs must establish that defendants' subsequent and specific actions somehow kept them from timely bringing suit.
Case: Stroud Prods. & Enters., Inc v. BMG Music, NY Slip Op 08778 (1st Dept. 2014)
Here is the decision.
Tomorrow's issue: Summary judgment in a personal injury action.
