Yassin v. Sarabu, 284 A.D.2d 531 (N.Y. App. Div. 2001). · Go Syfert
Search
Yassin v. Sarabu, 284 A.D.2d 531 (N.Y. App. Div. 2001). Cases Citing This Book View Copy Cite
14 citation events (14 in the last 25 years) across 2 distinct courts.
Strongest positive: Crews v. The County of Nassau (nyed, 2019-12-18)
Top citers, strongest first. 4 distinct citers. How cited ↗
discussed Cited as authority (rule) Crews v. The County of Nassau
E.D.N.Y · 2019 · confidence medium
Cty. of Orange, 903 (3) [a]ctual or constructive knowledge of the N.Y.S.2d 60, 70 (2d Dep’t 2010); accord true facts by the wrongdoers; [and] Yassin v. Sarabu, 727 N.Y.S.2d 620, 621 (2d (4) [r]eliance upon the misrepresentations Dep’t 2001). which causes the innocent party to change its Under the circumstances of this case, the position to its substantial detriment.” Gaia elements of equitable estoppel have not been House Mezz LLC v. State St.
discussed Cited "see" Wilson v. City of Buffalo
N.Y. App. Div. · 2002 · signal: see · confidence high
“A municipality may be estopped from asserting that a claim was filed untimely when its improper conduct induces reliance by a party who changes his position to his detriment or prejudice” (Ippolito v City of Buffalo, 195 AD2d 983, 984 ; see Yassin v Sarabu, 284 AD2d 531 , lv dismissed 98 NY2d 645 ; Conquest Cleaning Corp. v New York City School Constr.
discussed Cited "see" Gowin v. Town of Pulteney
N.Y. App. Div. · 2002 · signal: see · confidence high
“There is no evidence in the record that defendant [s] made any representation or engaged in a course of conduct which led plaintiff[s] to believe it would be unnecessary to commence litigation in order to settle plaintiff[s’] claim [s] or that if litigation were commenced, the Statute of Limitations would not be pleaded in bar” (Brands v Sperduti, 43 AD2d 903, 903 ; see Yassin v Sarabu, 284 AD2d 531 ).
cited Cited "see, e.g." Mohl v. Town of Riverhead
N.Y. App. Div. · 2009 · signal: see also · confidence low
Corp., 38 NY2d 662, 668 [1976]; see also Yassin v Sarabu, 284 AD2d 531 [2001]; Conquest Cleaning Corp. v New York City School Constr.
Retrieving the full opinion text from the archive…
Mohamed Yassin
v.
Mohan R. Sarabu, and Westchester County Health Care Corporation
Appellate Division of the Supreme Court of the State of New York.
Jun 25, 2001.
284 A.D.2d 531
2001 N.Y. App. Div. LEXIS 6785
Cited by 13 opinions  |  Published

—In an action to recover damages for medical malpractice, the defendant Westchester County Health Care Corporation appeals from an order of the Supreme Court, Westchester County (Barone, J.), dated August 23, 2000, which denied its motion to dismiss the complaint insofar as asserted against it pursuant to CPLR 3211 (a) (5) on the ground that the action was time-barred.

Ordered that the order is reversed, on the law, with costs, the motion is granted, the complaint is dismissed insofar as asserted against the appellant, and the action against the remaining defendants is severed.

The doctrine of estoppel will be applied against governmental agencies only in exceptional cases (see, Zaiman v Metropolitan Tr. Auth., 186 AD2d 555). A municipality may be estopped from asserting that a claim was untimely filed when its improper conduct induced reliance by a plaintiff who changed his or her position to his or her detriment (see, Matter of Griffith v Staten Is. Rapid Transp. Operating Auth., 269 AD2d 596, 597; Bender v New York City Health & Hosps. Corp., 38 NY2d 662).

Here, the conduct of the defendant Westchester County Health Care Corporation did not warrant the application of the doctrine of estoppel (see, Matter of Quintero v Town of Babylon Indus. Dev. Agency, 172 AD2d 527). Only a showing of fraud, misrepresentation, deception, or similar affirmative misconduct, along with reasonable reliance thereon, will justify the imposition of estoppel (see, DeGori v Long Is. R. R., 202 AD2d 549; Gallo v County of Westchester, 162 AD2d 584; Graber v City of New York, 89 AD2d 598). Accordingly, the motion should have been granted. Ritter, J. P., S. Miller, Feuerstein and Schmidt, JJ., concur.