Perez v. City of New York
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
*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…
2Cases cited5 opinions
- Saratoga County Chamber of Commerce, Inc. v. PatakiNew York Court of Appeals · 2003
- In re the Estate of LinkerAppellate Division of the Supreme Court of the State of New York · 2005
- Reynolds v. SnowAppellate Division of the Supreme Court of the State of New York · 1960
- Reynolds v. SnowNew York Court of Appeals · 1960
- Garcia v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 2010