equitable estoppel is not applicable doctrine (New York) · Go Syfert
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equitable estoppel is not applicable doctrine in New York

8 New York opinions name it 1 courts 1987–2024 2 in the last five years

The cases below were cited by New York courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.

Followed or applied (7)

CaseFollowedCited
MTR. OF SHONDEL J. v. Mark D.green
ny · 2006 · cited in 1 New York opinions naming this issue, 2021–2021
1 sentence

2021Even if paternity by estoppel were applicable to probate proceedings, there is no evidence that the decedent ever represented to objectant that he was her father or that they established an operative parent-child relationship on which she reasonably relied ( see Matter of Shondel J. v Mark D. , 7 NY3d 320, 326-327 [2006]; see also Family Court Act § 418[a] ["No (genetic) test shall be ordered upon a written finding by the court that it is not in the best interests of the child on the basis of equitable estoppel"]).

11
Pless v. Town of Royaltongreen
ny · 1993 · cited in 1 New York opinions naming this issue, 2006–2006
1 sentence

2006The doctrine of equitable estoppel is not applicable to a municipality acting in a governmental capacity and carrying out its statutory duties (see Pless v Town of Royalton, 81 NY2d 1047, 1049 [1993]; Matter of Parkview Assoc. v City of New York, 71 NY2d 274, 282 [1988], appeal dismissed, cert denied 488 US 801 [1988]).

11
Parkview Associates v. City of New Yorkgreen
ny · 1988 · cited in 1 New York opinions naming this issue, 2006–2006
1 sentence

2006The doctrine of equitable estoppel is not applicable to a municipality acting in a governmental capacity and carrying out its statutory duties (see Pless v Town of Royalton, 81 NY2d 1047, 1049 [1993]; Matter of Parkview Assoc. v City of New York, 71 NY2d 274, 282 [1988], appeal dismissed, cert denied 488 US 801 [1988]).

11
Von Bulow by Auersperg v. Von Bulowgreen
nysd · 1986 · cited in 1 New York opinions naming this issue, 2004–2004
1 sentence

2004Because plaintiff fails to allege any acts on the part of defendants since 1970 that were separate from and subsequent to the alleged acts of abuse and concealment that are the basis of the tort claims, the doctrine of equitable estoppel is not applicable (see Steo v Cucuzza, 213 AD2d 624, 626 [1995]; see generally Doe v Holy See [State of Vatican City], 6 AD3d 1228, 1229 [2004]; cf. von Bulow by Auersperg v von Bulow, 634 F Supp 1284, 1300-1301 [SD NY 1986]; Anonymous v Anonymous, 154 Misc 2d 46, 56 [1992]).

11
Doe v. Holy See (State of Vatican City)green
nyappdiv · 2004 · cited in 1 New York opinions naming this issue, 2004–2004
1 sentence

2004Because plaintiff fails to allege any acts on the part of defendants since 1970 that were separate from and subsequent to the alleged acts of abuse and concealment that are the basis of the tort claims, the doctrine of equitable estoppel is not applicable (see Steo v Cucuzza, 213 AD2d 624, 626 [1995]; see generally Doe v Holy See [State of Vatican City], 6 AD3d 1228, 1229 [2004]; cf. von Bulow by Auersperg v von Bulow, 634 F Supp 1284, 1300-1301 [SD NY 1986]; Anonymous v Anonymous, 154 Misc 2d 46, 56 [1992]).

11
Anonymous v. Anonymousgreen
nysupct · 1992 · cited in 1 New York opinions naming this issue, 2004–2004
2 sentences

2004We recognize that “the tolling provisions as presently existing in New York are of little practical use to the victim of childhood sexual abuse litigating as an adult” (Anonymous, 154 Misc 2d at 57 ).

2004Because plaintiff fails to allege any acts on the part of defendants since 1970 that were separate from and subsequent to the alleged acts of abuse and concealment that are the basis of the tort claims, the doctrine of equitable estoppel is not applicable (see Steo v Cucuzza, 213 AD2d 624, 626 [1995]; see generally Doe v Holy See [State of Vatican City], 6 AD3d 1228, 1229 [2004]; cf. von Bulow by Auersperg v von Bulow, 634 F Supp 1284, 1300-1301 [SD NY 1986]; Anonymous v Anonymous, 154 Misc 2d 46, 56 [1992]).

11
Steo v. Cucuzzagreen
nyappdiv · 1995 · cited in 1 New York opinions naming this issue, 2004–2004
1 sentence

2004Because plaintiff fails to allege any acts on the part of defendants since 1970 that were separate from and subsequent to the alleged acts of abuse and concealment that are the basis of the tort claims, the doctrine of equitable estoppel is not applicable (see Steo v Cucuzza, 213 AD2d 624, 626 [1995]; see generally Doe v Holy See [State of Vatican City], 6 AD3d 1228, 1229 [2004]; cf. von Bulow by Auersperg v von Bulow, 634 F Supp 1284, 1300-1301 [SD NY 1986]; Anonymous v Anonymous, 154 Misc 2d 46, 56 [1992]).

11

Distinguished, questioned or overruled (0)

CaseNegativeCited
No negative-treatment citations attached to this issue in New York. Read the followed side critically anyway.

Also cited on this issue (6)

CaseCitedYears
Calamari v. Panos green
nyappdiv · 2015
1 sentence

2024Thus, under the circumstances of this case, the doctrine of equitable estoppel is not applicable ( see Calamari v Panos , 131 AD3d 1088, 1091 ).

12024–2024
Zumpano v. Quinn green
ny · 2006
1 sentence

2015As with the third and fifth causes of action, the doctrine of equitable estoppel is not applicable (see Zumpano v Quinn, 6 NY3d at 674-675 ).

12015–2015
Nassau Trust Co. v. Montrose Concrete Products Corp. green
ny · 1982
1 sentence

2010Corp., 56 NY2d 175 [1982]; First Union Natl.

12010–2010
Parkview Associates v. City of New York green
scotus · 1988
1 sentence

2006The doctrine of equitable estoppel is not applicable to a municipality acting in a governmental capacity and carrying out its statutory duties (see Pless v Town of Royalton, 81 NY2d 1047, 1049 [1993]; Matter of Parkview Assoc. v City of New York, 71 NY2d 274, 282 [1988], appeal dismissed, cert denied 488 US 801 [1988]).

12006–2006
McIvor v. Di Benedetto green
nyappdiv · 1986
1 sentence

1990(Mclvor v Di Benedetto, 121 AD2d 519 [2d Dept 1986].) Indeed, it is obvious that the records were not necessary to prepare the complaint, since it was eventually prepared without them.

11990–1990
Glenesk v. Guidance Realty Corp. green
nyappdiv · 1971
1 sentence

1987Here, there was no reliance or change of position or prejudice of any kind on the part of the defendants as a result of the plaintiff’s attempted waiver or consent, and the doctrine of equitable estoppel is not applicable to the facts in this case (see, Glenesk v Guidance Realty Corp., 36 AD2d 852 ).

11987–1987

Where else courts name it

NY 8 (1987–2024) IL 2 (1986–1988) FL 2 (1984–1985) IA 2 (1990–1991) TX 2 (2011–2015)

Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.

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