Krieger v. Krieger

Jasen, J. (dissenting).

I dissent and vote to affirm. In my opinion the position of the majority, that laches prevents the plaintiff from prosecuting this declaratory judgment action, is incorrect.

We have held that laches will estop a party when he has unreasonably or inexcusably delayed asserting an equitable remedy and this delay has worked a disadvantage or injury upon his opponent. (Weiss v. Mayflower Doughnut Corp., 1 N Y 2d 310, 318; Marcus v. Village of Mamaroneck, 283 N. Y. 325, 332.) However, whether the delay was unreasonable or resulted in prejudice to the opponent is to be…