Equitable Estoppel as a Defense to Debt Collection or Foreclosure

A Plaintiff may be estopped from seeking to recover an alleged debt because of its own actions. Here is a quick excerpt from a case where equitable estoppel was raised.

Equitable estoppel “is imposed by law in the interest of fairness to prevent the enforcement of rights which would work fraud or injustice upon the person against whom enforcement is sought and who, in justifiable reliance upon the opposing party’s words or conduct, has been misled into acting upon the belief that such enforcement would not be sought.” Nassau Trust Co. v. Montrose Concrete Prods. Corp., 56 N.Y.2d 175, 184, (1982), rearg denied 57 N.Y.2d 674 (1982).

 

If you have any legal questions or need help with an equitable estoppel defense, please contact Attorney Scott Lanin at (212) 764-7250 x 201 or use the contact form in the right sidebar.