New York Court of Appeals
John S. Zumpano, Appellant v. James F. Quinn
February 21, 20066 N.Y.3d 666
Summary
The New York Court of Appeals affirmed the lower courts' dismissals of the Zumpano and Estate of Boyle actions, holding that the statutes of limitations barred the claims and that equitable estoppel did not apply. The Court found no sufficient plaintiff‑alleged subsequent wrongdoing, no fiduciary relationship that would toll the limitations period, and no continuing mental disability to invoke CPLR 208. A dissenting opinion argued the complaints were insufficiently specific and should be allowed to be repleaded.