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 dismissals of the plaintiffs’ sexual‑abuse actions, holding that equitable estoppel does not toll the statutes of limitations because the plaintiffs had knowledge of the abuse and no subsequent deceptive conduct by the defendants caused the delay; the court also rejected claims of a fiduciary duty and a mental‑disability toll. Justice G.B. Smith dissented, arguing the plaintiffs could replead.