Opinion
March 21, 1994
Appeal from the Supreme Court, Suffolk County (Underwood, J.).
Ordered that the order is reversed insofar as appealed from, on the law, with costs, and the complaint is dismissed.
There is no evidence to support the plaintiff's contention that conduct by the defendant induced him to forego instituting the present action, so as to equitably estop the defendant from asserting the Statute of Limitations. Only a showing of fraud, misrepresentation, deception, or similar affirmative misconduct, along with reasonable reliance upon it, will justify the imposition of such an estoppel (see, Gallo v. County of Westchester, 162 A.D.2d 584; Park Assocs. v. Crescent Park Assocs., 159 A.D.2d 460). In the present case, the evidence clearly demonstrates that the failure to timely commence the action was due solely to law office failure (see, Gluckin v Insurance Co., 169 A.D.2d 494). Mangano, P.J., Balletta, O'Brien and Florio, JJ., concur.