The doctrine of equitable estoppel does not bar defendants from asserting the defense since nothing in the record shows that any of their acts contributed to the delay in filing the complaint. In fact, the allegations in the complaint show that plaintiffs had or could have obtained with due diligence all the information they needed to bring an action before the limitations period expired. Neither does the continuing wrong doctrine apply to toll the applicable statute of limitations on the cause of action for an accounting since the actual wrongs on which that cause of action is based are defendants' alleged fraud and breach of contract.
Derringer v. F.G.G. Prods. Inc., NY Slip Op 04187 (1st Dep't July 1, 2021)
