AMICUS AI
Citation Codes
Equivalent Citations
citation codes
Docket Number
Attorney(S)
Judges
Are you a practicing lawyer?
Enhance your digital presence and reach by creating a Casemine profile.
Upload pleading to use the new AI search
Cites
Cited by
Citation Codes
Equivalent Citations
citation codes
Docket Number
Attorney(S)
Judges

ROBERT DILLARD JONES, Appellant, v. NAZIEMUL SAFI et al., Defendants, and LAZAROWITZ MANGANILLO, P.C., et al., Respondents.

Ordered that the order is affirmed insofar as appealed from, with one bill of costs payable to the respondents appearing separately and filing separate briefs.

In this action, the plaintiff seeks, inter alia, to recover damages for legal malpractice and fraud stemming from the sale of two buildings located on Wilson Avenue in Brooklyn. In addition, the plaintiff claims that several federal, state, and city law enforcement agencies negligently failed to investigate and prosecute the various parties that he accused of real estate fraud. Regardless of whether the plaintiff's claims accrued in September 1996 (when the real estate closings occurred), in February 1997 (when the buyer defaulted on the second mortgages), or in the fall of 1997 (when the plaintiff filed a series of complaints with the law enforcement agencies), they were properly dismissed insofar as asserted against the respondents as untimely because the present action was not commenced until the fall of 2006 ( see CPLR 213; 214 [6]; 215 [1]; 217 [1]).

Contrary to the plaintiff's contention, the doctrine of equitable estoppel does not toll the statute of limitations in this case because there is no evidence that any of the respondents induced him, by fraud, misrepresentations or deception, to refrain from filing a timely action ( see Zumpano v Quinn, 6 NY3d 666; Simcuski v Saeli, 44 NY2d 442).

The plaintiff's remaining contentions are without merit.

Use AI to get other relevant cases.

Comments

JONES v. SAFI
(Jan 13, 2009)