SIEGEL v. ALPHA CHEMICAL PARTNERS

We agree with IAS court that plaintiffs failed to demonstrate sufficient evidentiary facts to warrant application of the doctrine of equitable estoppel (Rockwell v. Ortho Pharm. Co., 510 F. Supp. 266). Moreover, plaintiffs failed to establish that they diligently pursued their claims when they were aware, or should have been aware, that the claims existed (see, General Stencils v. Chiappa, 18 N.Y.2d 125, 127).

Concur — Murphy, P.J., Rosenberger, Wallach, Smith and Rubin, JJ.