Westchester Electric Railroad v. Polowitz

How courts have described this case

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

• noting that 17 “the effect of equitable tolling is that the limitations period stops running during the 18 tolling event, and begins to run again only when the tolling event has concluded”
• rejecting equitable estoppel argument where “complaint [was] devoid of any indication that defendants’ conduct actually and reasonably induced plaintiffs to forbear suing”
• rejecting equitable estoppel argument where ʺcomplaint [was] devoid of any indication that defendantsʹ conduct actually and reasonably induced plaintiffs to forbear suingʺ
• finding the allegation that “at various times Defendants have attempted to make repairs . . . or advised Plaintiffs that the defective windows were not defective” insufficient to establish estoppel
• finding possible application of equitable estoppel “if one potentially liable for a construction defect represents, while the limitations period is still running, that all actionable damage has been or will be repaired, thus making it unnecessary to sue”
• ʺ[E]quitable estoppel is available even where the limitations statute at issue expressly precludes equitable tolling.ʺ

Source: CourtListener parenthetical corpus (CC0).