EDPI Associates v. New York City Loft Board

Appellate Division of the Supreme Court of New York

EDPI Associates v. New York City Loft Board

227 A.D.2d 358, 642 N.Y.S.2d 900, 1996 N.Y. App. Div. LEXIS 6149

Appellate Division of the Supreme Court of the State of New York·Decided May 30, 1996·Published·Cited by 1 cases

Opinion

Order and judgment (one paper), Supreme Court, New York County (Carol Arber, J.), entered February 8, 1995, which granted the motion of loft tenant Conley for leave to intervene, and for dismissal of the proceeding on the grounds of lack of prosecution and gross laches, unanimously affirmed, with costs.

The IAS Court’s determination that the tenant was an interested person in this CPLR article 78 proceeding that could affect his leasehold was within its "sound discretion” (Matter of White v Incorporated Vil. of Plandome Manor, 190 AD2d 854, lv denied 83 NY2d 752; CPLR 7802 [d]). Petitioner’s decade-long delay constitutes laches, warranting dismissal (see, Matter of Diggins v New York City Fire Dept. Arts. 1 & 1B Pension Funds, 183 AD2d 422, lv denied 80 NY2d 760). We have considered petitioner’s remaining arguments and find them to be without merit. Concur — Sullivan, J. P., Ellerin, Rubin and Tom, JJ.

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Order and judgment (one paper), Supreme Court, New York County (Carol Arber, J.), entered February 8, 1995, which granted the motion of loft tenant Conley for leave to intervene, and for dismissal of the proceeding on the grounds of lack of prosecution and gross laches, unanimously affirmed, with costs.

The IAS Court’s determination that the tenant was an interested person in this CPLR article 78 proceeding that could affect his leasehold was within its "sound discretion” (Matter of White v Incorporated Vil. of Plandome Manor, 190 AD2d 854, lv denied 83 NY2d 752; CPLR 7802 [d]). Petitioner’s decade-long delay constitutes laches, warranting dismissal (see, Matter of Diggins v New York City Fire Dept. Arts. 1 & 1B Pension Funds, 183 AD2d 422, lv denied 80 NY2d 760). We have considered petitioner’s remaining arguments and find them to be without merit. Concur — Sullivan, J. P., Ellerin, Rubin and Tom, JJ.

EDPI Associates v. New York City Loft Board, 227 A.D.2d 358, 642 N.Y.S.2d 900, 1996 N.Y. App. Div. LEXIS 6149 (N.Y. Ct. App. 1996).

Pincite

227 A.D.2d 358 (EDPI Associates v. New York City Loft Board) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Opinion

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