Gad v. Almod Diamonds Ltd., 2017 NY Slip Op 726 (N.Y. App. Div. 2017). · Go Syfert
Gad v. Almod Diamonds Ltd., 2017 NY Slip Op 726 (N.Y. App. Div. 2017). Cases Citing This Book View Copy Cite
4 citation events across 2 distinct courts.
Strongest positive: Schwartz v. City of New York (nysupctnewyork, 2025-05-09)
Top citers, strongest first. 3 distinct citers. How cited ↗
discussed Cited as authority (rule) Schwartz v. City of New York
N.Y. Sup. Ct., New York Cty. · 2025 · confidence medium
To support this later accrual date, plaintiff relies on allegations in his amended complaint that at an unspecified date after his termination, the head of human resources for his department promised him that he would be paid; and that "[d]espite a number of calls by Plaintiff to [her] between June 2, 2017, and June 2019," she never told him definitively "that payment was being withheld." ( See NYSCEF No. 13 at ¶ 17; NYSCEF No. 23 at 12-13 [citing these allegations].) Plaintiff provides no authority, however, for the proposition that this oral promise to pay—made without accompanying partia…
discussed Cited as authority (rule) Casiano v. Riverdale SNF, LLC (2×)
N.Y. App. Div. · 2024 · confidence medium
We affirm so much of the order as dismissed the fourth cause of action, for gross negligence, as plaintiff abandoned her appeal with respect to the gross negligence claim by failing to make any argument addressing its dismissal in either of her appellate briefs, notwithstanding that the omission was pointed out in defendant's brief opposing the appeal ( see Tribbs v 326-338 E. 100th LLC , 215 AD3d 480, 481 [1st Dept 2023]; Gad v Almod Diamonds Ltd. , 147 AD3d 417, 418 [1st Dept 2017]; Carey & Assoc.
discussed Cited as authority (rule) Simon v. Francinvest, S.A.
N.Y. App. Div. · 2019 · confidence medium
The remaining dismissed claims have been abandoned ( Gad v Almod Diamonds Ltd. , 147 AD3d 417, 418 [1st Dept 2017]), and we find plaintiff's remaining arguments unavailing or improperly before this Court.
Retrieving the full opinion text from the archive…
Steven Gad, Appellant,
v.
Almod Diamonds Ltd. Et Al., Respondents
2973 652283/13.
Appellate Division of the Supreme Court of the State of New York.
Feb 2, 2017.
2017 NY Slip Op 726
Sweeny, Acosta, Moskowitz, Kapnick, Kahn.
Cited by 3 opinions  |  Published

Order, Supreme Court, New York County (Shlomo Hagler, J.), entered on or about January 19, 2016, which, to the extent appealed from as limited by the briefs, granted the branch of defendants’ motion that sought dismissal of the amended complaint, unanimously affirmed, without costs.

[*418] The motion court correctly determined that plaintiff’s claims for breach of contract, unjust enrichment, constructive trust, and breach of fiduciary duty are time-barred (see CPLR 213 [1], [2]; 214 [4]). The letter of understanding, signed by plaintiff and his brother Albert in 1995, in which plaintiff agreed that he would not ask for shares in defendant Almod Diamonds Ltd., the family company, and that only Albert would decide if and when shares of that company were distributed, constituted a breach of the alleged earlier oral agreement entitling plaintiff to 10% of the company. Thus, plaintiff’s claims accrued upon execution of the letter (see Castlestone Mgt. LLC v Diamond, 140 AD3d 551 [1st Dept 2016], lv denied 28 NY3d 903 [2016]). Plaintiff’s subsequent demand for shares in 2013, which was refused, did not extend the statute of limitations (see ACE Sec. Corp., Home Equity Loan Trust, Series 2006-SL2 v DB Structured Prods., Inc., 25 NY3d 581, 594 [2015]). Nor was the statute of limitations extended by the alleged subsequent amendment to the oral agreement, pursuant to which plaintiff would be compensated for his share of Almod by Almod agreeing to purchase diamonds from him (see Dillon v Peretti, 176 AD2d 497, 497-498 [1st Dept 1991]). The doctrine of equitable estoppel does not apply to bar the assertion of the statute of limitations defense, since plaintiff failed to allege that specific subsequent acts by defendants kept him from timely bringing suit (see Corsello v Verizon N.Y., Inc., 18 NY3d 777, 789 [2012]).

The motion court correctly dismissed plaintiff’s promissory estoppel claim, because his alleged reliance on the oral promise, which was contradicted by the subsequent letter of understanding, was unreasonable and unjustified (see generally Braddock v Braddock, 60 AD3d 84, 95 [1st Dept 2009]; see e.g. Oko v Walsh, 28 AD3d 529, 529 [2d Dept 2006])- Moreover, since plaintiff was admittedly compensated for his labor in amounts he alleged were the equivalent to a 10% share in the company, he failed to adequately plead that any reliance on the oral promise was to his detriment (see generally Braddock, 60 AD3d at 95; see e.g. Meyercord v Curry, 38 AD3d 315, 316 [1st Dept 2007]).

Plaintiff has abandoned his fraud and quantum meruit claims, because he failed to raise any argument on appeal with respect to those claims.

We have considered plaintiff’s remaining arguments and find them unavailing.

Concur — Sweeny, J.P., Acosta, Moskowitz, Kapnick and Kahn, JJ.