Torres v. Barnhart, No. 03-6262 __F.3d__ (2d. Cir. August 3, 2005)

The District Court dismissed plaintiff's complaint on the ground that it was time-barred. District Judge Jed S. Rakoff, writing for the Court, says:

"The doctrine of equitable tolling applies where plaintiff’s sworn affidavit shows that he made all reasonable efforts to file his complaint but failed to do so because his lawyer had misled him as to the scope of the lawyer’s representation. Although defendant challenges some of plaintiff’s averments, it was abuse of the district court’s discretion not to hold an evidentiary hearing to determine whether plaintiff qualified for equitable tolling."

The case is remanded for an evidentiary hearing.