Korman, Bodoff and Boyd Obtain Appellate Victory

Cheryl Korman, Stuart Bodoff, and J’Naia Boyd obtained victory at the Appellate Division, Second Department, defeating an equitable estoppel defense to the expired statute of limitations.

In an action to recover damages for personal injuries, the Second Department reversed the lower court’s decision and dismissed plaintiff’s complaint against our client. The Court first concluded that our client met her initial burden by showing that the action was commenced more than three years after the date of plaintiff’s injury. The Court then determined that plaintiff failed to raise a triable issue of fact concerning her equitable estoppel defense and, thus, Supreme Court should have granted our client’s motion to dismiss.