Bank of America, N.A. v Russell

Holding The Appellate Division affirmed the lower court’s denial of the defendants’ motion to dismiss the foreclosure action as time-barred. The court determined that the defendants were equitably estopped from raising the statute of limitations defense because their misconduct, including false occupancy certifications, caused the plaintiff’s delay in filing suit.

The court’s words

The doctrine of equitable estoppel applies where it would be unjust to allow a defendant to assert a statute of limitations defense

2026 NY Slip Op 05759, at the official text

Equitable estoppel is appropriate where the plaintiff is prevented from filing an action within the applicable statute of limitations due to his or her reasonable reliance on deception, fraud or misrepresentations by the defendant

2026 NY Slip Op 05759, at the official text

the plaintiff's delay in the commencement of this action was the result of the defendants' misconduct during the limitations period

2026 NY Slip Op 05759, at the official text