Siegel v. Alpha Chemical Partners

Full title: HERBERT SIEGEL et al., Appellants, v. ALPHA CHEMICAL PARTNERS et al.…

Court: Appellate Division of the Supreme Court of New York, First Department

Date published: Jun 11, 1992

184 A.D.2d 285 (N.Y. App. Div. 1992)

584 N.Y.S.2d 314

Opinion

June 11, 1992

Appeal from the Supreme Court, New York County (David B. Saxe, J.).

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.