In re Silverstein
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
—Order, Supreme Court, New York County (Carol Huff, J.), entered on or about April 12, 1999, which, in a proceeding pursuant to CPLR article 78, denied respondents’ motion to dismiss the petition pursuant to either CPLR 3211 or 3212, unanimously affirmed, with costs.
Respondents, having conceded that they did not change position in reliance on petitioner’s alleged inaction, and having offered only bare, conclusory allegations of prejudice, are not entitled to dismissal on the ground of laches (see, Provost v Off Campus Apts. Co., II, 211 AD2d 850, 852) or estoppel (cf., Board of Mgrs. v…
2Cases cited2 opinions
- Provost v. Off Campus Apartments Co.Appellate Division of the Supreme Court of the State of New York · 1995
- Board of Managers v. GottliebAppellate Division of the Supreme Court of the State of New York · 1992