Majority
p. 901[865 NE2d 1240, 834 NYS2d 74] Jenna Lynn Pahlad, an Infant, by the Appointed Guardian of Her Properties, Daniel Berger, et al., Appellants, v Lois Brustman, M.D., et al., Respondents. Decided March 27, 2007
p. 902
APPEARANCES OF COUNSEL
Benjamin Heinrich, P.C., Bronx (Benjamin Heinrich of counsel), for appellants.
Aaronson Rappaport Feinstein & Deutsch, LLP, New York City (Steven C. Mandell of counsel), for respondents.
OPINION OF THE COURT
Memorandum.
The order of the Appellate Division should be affirmed with costs. Plaintiffs had “timely awareness of the facts requiring [them] to make farther inquiry before the statute of limitations expired,” and an equitable estoppel defense to the statute of limitations is therefore “inappropriate as a matter of law” (see Putter v North Shore Univ. Hosp., 7 NY3d 548 , 553-554 [2006]).
Chief Judge Kaye and Judges Ciparick, Graffeo, Read, Smith, Pigott and Jones concur.
On review of submissions pursuant to section 500.11 of the Rules of the Court of Appeals (22 NYCRR 500.11), order affirmed, with costs, in a memorandum.
Cases cited
- Putter v. North Shore University Hospital 7 NY3d 548 at 553-554 p. 902