Equitable estoppel is an extraordinary remedy which applies where a party is prevented from filing an action within the statute of limitation due to his reasonable reliance on deception, fraud, or misrepresentations by the other party. Plaintiff has the burden of establishing that defendant engaged in affirmative misconduct that prevented it from timely asserting its claims. Here, the amended complaint alleges that defendant refused to negotiate towards resolution of the parties' dispute. However, there is no evidence or even an allegation that defendant lulled plaintiff into inaction in order to allow the limitations period to lapse.
MRE Tech. Solutions LLC v. Smiths Detection, Inc., NY Slip Op 02387 (1st Dep't May 4, 2023)
