Carol Overall v. Estate of L.H.P. Klotz

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• finding that 10 As Defendants also note (DE 48 at 6 n.7), to the extent Plaintiff makes any argument to toll the statute of limitations based on duress (which he has not expressly asserted
• “Because the statute of limitations is an affirmative defense, the defendant bears the burden of establishing by prima facie proof that the limitations period has expired since the plaintiff’s claims accrued.”
• plaintiff must show that defendant wrongfully induced him to refrain from filing a timely complaint and that plaintiff actually filed complaint within a reasonable time after facts giving rise to estoppel ceased
• “New York construes tolling doctrines as narrowly as possible.”

Source: CourtListener parenthetical corpus (CC0).