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Promise Made or Advice Given by a Municipal Employee Does Not Give Rise to Equitable Estoppel

The Second Department noted that the doctrine of equitable estoppel is applied only rarely against municipalities.  Here plaintiff alleged the four-month statute of limitations for redemption (re: a foreclosure action) passed because of a municipal employee’s promise to hold papers submitted in support of an attempt at redemption.  The court held that a promise made or advice given by a governmental employee will not give rise to equitable estoppel: “… [E]quitable estoppel is applied against a municipality performing governmental functions only in the rarest of cases …, and “erroneous advice by a governmental employee will not give rise to an exception to the general rule”… . Wilson v Neighborhood Restore Hous., 2015 NY Slip Op 05176, 2nd Dept 6-17-15

 

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