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Perez v. City of New York

113 A.D.3d 570, 979 N.Y.2d 520
Procedural entryThis page is a short order in Perez v. City of New York. Read the opinion of the Court — 95 A.D.3d 675 →
Appellate Division of the Supreme Court of the State of New York·Decided January 30, 2014·Published

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

113 A.D.3d 570 (Perez v. City of New York) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Related

Saratoga County Chamber of Commerce, Inc. v. Pataki
798 N.E.2d 1047 (New York Court of Appeals, 2003)
Reynolds v. Snow
168 N.E.2d 822 (New York Court of Appeals, 1960)
In re the Estate of Linker
23 A.D.3d 186 (Appellate Division of the Supreme Court of New York, 2005)
Reynolds v. Snow
10 A.D.2d 101 (Appellate Division of the Supreme Court of New York, 1960)
Garcia v. City of New York
72 A.D.3d 505 (Appellate Division of the Supreme Court of New York, 2010)