What is the test for an application in a personal injury action brought by a plaintiff against a defendant?
"New York", United States of America
The following excerpt is from Ryder v. Tannenbaum, 130 Misc.2d 42, 494 N.Y.S.2d 950 (N.Y. City Ct. 1985):
Its application may be justified only where defendant improperly lulls plaintiff into failing to bring his claim. Thus, it is incumbent upon plaintiff to present evidentiary facts which would establish defendant's fraud, deception or misrepresentation. (Procco v. Kennedy, 88 A.D.2d 761, 451 N.Y.S.2d 487, aff'd 58 N.Y.2d 804, 459 N.Y.S.2d 267, 445 N.E.2d 650.)
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