Holding that the plaintiffs sufficiently pled a breach of the implied covenant of good faith and fair dealing by alleging that the defendant, which contracted to convert its building into a cooperative, rejected bona fide purchase offers from prospective tenants
2007 N.Y. Slip Op. 1196 (N.Y. 2007) Cited 393 times
Holding that there was no reasonable reliance because the "plaintiff was or should have been aware" of the financial situation of the company despite the defendant's representations
Holding that, where equitable estoppel applies, "burden is on the plaintiff to establish that the action was brought within a reasonable time after the facts giving rise to the estoppel have ceased to be operational"
Holding equitable estoppel "inappropriate as a matter of law" because defendant's alleged misstatement "did not alter [plaintiff's] timely awareness of the facts requiring him to make further inquiry before the statute of limitations expired"
Concluding that a physician's insertion of an IUD was for routine gynecological examinations and not therapy to correct her medical condition, thus the continuous treatment exception did not apply
Holding that plaintiff's claim for fraudulent concealment failed where plaintiff "relie[d] on the same act which forms the basis of his negligence claim — Dr. Cohen's alleged improper advice to plaintiff that there was nothing wrong" and, as such, "plaintiff's allegations do not establish that Dr. Cohen, acting with knowledge of prior malpractice, made subsequent misrepresentations in an attempt to conceal his earlier negligence"