Legal Opinion

Perez v. City of New York

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

Decided January 30, 2014Published

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

  1. Saratoga County Chamber of Commerce, Inc. v. PatakiNew York Court of Appeals · 2003
  2. In re the Estate of LinkerAppellate Division of the Supreme Court of the State of New York · 2005
  3. Reynolds v. SnowAppellate Division of the Supreme Court of the State of New York · 1960
  4. Reynolds v. SnowNew York Court of Appeals · 1960
  5. Garcia v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 2010

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