Concealment of material facts

Equitable estoppel can come from concealment of material facts.

Equitable estoppel prevents one from denying his own expressed or implied admission which has in good faith been accepted and acted upon by another, and the elements of estoppel are with respect to the party estopped: conduct which amounts to a false representation or concealment of material facts, intention that such conduct will be acted upon by the other party, and knowledge of the real facts. The party asserting estoppel must show with respect to himself: lack of knowledge of the true facts, reliance upon the conduct of the party estopped, and a prejudicial change in his position.” Airco Alloys Div., Airco Inc. v. Niagara Mohawk Power Corp., 76 AD2d 68, 71-72 [4th Dept 1980].

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