EQUITABLE ESTOPPEL

Old Fr: the country, the neighborhood. An estoppel that arises out of a person's statement of fact, or out of his or her silence, acts or omissions, rather than from a deed or record or written contract; also called an estoppel in pais Source: Barron's Dictionary of Legal Terms, Steven H. Gifis, 5th Edition; © 2016

"equitable estoppel is an “extraordinary remedy”). Equitable estoppel “estops the defendant/wrongdoer who has taken ‘affirmative steps to prevent a plaintiff from bringing a claim' within the limitations period from arguing that the plaintiff is at fault and should be precluded from bringing a claim for failure to bring it within that limitations period.” Roeder v. J.P. Morgan Chase & Co., No. 20-CV-2400, 2021 WL 797807 (S.D.N.Y. Feb. 26, 2021)"

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"[E]quitable estoppel . . . preclude[s] a defendant from using the statute of limitations as a defense where it is the defendant's affirmative wrongdoing which produced the long delay between the accrual of the cause of action and the institution of the legal proceeding.” (emphasis added) (internal quotation marks and citation omitted)). Indeed, “New York tolls the statute of limitations both (i) where the defendant conceals from the plaintiff the fact that he has a cause of action, and (ii) where the plaintiff is aware of his cause of action, but the defendant induces him to forego suit until after the period of limitations has expired.” Camacho, 2022 WL 256506, at *7."

- Hardy-Graham v. Southampton Justice, 20-cv-0981 (USNYED; 1/25/21)