Max L. Reben Realty Corp. v. Common Council

I concur for reversal but not upon the ground of the laches of the respondent in the making of the motion for substitution. While the respondent was dilatory on such motion, nevertheless, the then corporation counsel for the city did not oppose the granting of the order of substitution and no prejudice of any sort to the city, by reason of the delay, was shown. When the present corporation counsel moved to vacate the order of substitution, again the laches of the respondent was not raised and no prejudice shown. Indeed, the only question of laches then before the Special Term was that of the…