Perez v. City of New York

Appellate Division of the Supreme Court of New York

Perez v. City of New York

113 A.D.3d 570, 979 N.Y.2d 520

CourtAppellate Division of the Supreme Court of the State of New York

DecidedJanuary 30, 2014

StatusPublished

This text of 113 A.D.3d 570 (Perez v. City of New York) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Perez v. City of New York, 113 A.D.3d 570, 979 N.Y.2d 520 (N.Y. Ct. App. 2014).

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Opinion

[571]*571The motion court providently exercised its discretion in dismissing the complaint on the grounds of laches (see Garcia v City of New York, 72 AD3d 505, 507 [1st Dept 2010], appeal dismissed 15 NY3d 918 [2010]; Reynolds v Snow, 10 AD2d 101, 111 [1st Dept 1960], affd 8 NY2d 899 [I960]). The record demonstrates that the inordinate delays in this case, arising from a 1984 motor vehicle accident and commenced 28 years ago, are attributable to plaintiffs and their counsel, and that due to the passage of time, defendants’ ability to mount a defense has been significantly prejudiced (see Saratoga County Chamber of Commerce v Pataki, 100 NY2d 801, 816 [2003], cert denied 540 US 1017 [2003]; Matter of Linker, 23 AD3d 186, 189 [1st Dept 2005]). Concur — Gonzalez, P.J., Friedman, Renwick, Freedman and Richter, JJ.

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[571]*571The motion court providently exercised its discretion in dismissing the complaint on the grounds of laches (see Garcia v City of New York, 72 AD3d 505, 507 [1st Dept 2010], appeal dismissed 15 NY3d 918 [2010]; Reynolds v Snow, 10 AD2d 101, 111 [1st Dept 1960], affd 8 NY2d 899 [I960]). The record demonstrates that the inordinate delays in this case, arising from a 1984 motor vehicle accident and commenced 28 years ago, are attributable to plaintiffs and their counsel, and that due to the passage of time, defendants’ ability to mount a defense has been significantly prejudiced (see Saratoga County Chamber of Commerce v Pataki, 100 NY2d 801, 816 [2003], cert denied 540 US 1017 [2003]; Matter of Linker, 23 AD3d 186, 189 [1st Dept 2005]). Concur — Gonzalez, P.J., Friedman, Renwick, Freedman and Richter, JJ.

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113 A.D.3d 570, 979 N.Y.2d 520, Counsel Stack Legal Research, https://law.counselstack.com/opinion/perez-v-city-of-new-york-nyappdiv-2014.

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