Summary
holding that the cause of action for personal injury based on sex abuse accrued at time of tortious act's commission, rather than time of "delayed discovery"
Summary of this case from Polidoro v. Chubb Corp.Opinion
March 2, 1993
Appeal from the Supreme Court, New York County (Harold Baer, Jr., J.).
We agree with the IAS Court that absent statutory authorization no "delayed discovery" rule exists to toll the Statute of Limitations in actions for personal injury based on sexual abuse, and that plaintiff's causes of action are governed by the general rule that the Statute of Limitations begins to run at the time of the commission of the alleged tortious act (see, Goldsmith v Howmedica, Inc., 67 N.Y.2d 120). We also agree that the Statute of Limitations was not tolled by duress, and that defendants are not equitably estopped from asserting it. The alleged misconduct of the individual defendant occurred in 1973, and plaintiff makes no showing that he thereafter refrained from instituting an action because of defendants' coercion, misrepresentation or concealment of facts. We have considered plaintiff's remaining contention and find it to be without merit.
Concur — Milonas, J.P., Ross, Asch and Rubin, JJ.