In order to successfully invoke the doctrine, the plaintiff must establish that the defendant's subsequent and specific actions kept the plaintiff from timely bringing suit. Here, the plaintiff failed to raise a question of fact as to whether any purported fraudulent activity affirmatively induced it to refrain from commencing this action until the statute of limitations had expired. It is insufficient to merely allege that the defendant was in some way connected to a fraudulent scheme.
Jacobson Dev. Group, LLC v. Yews, Inc., NY Slip Op 05964 (2d Dep't July 31, 2019)
Here is the decision.
