Smith v. Sheen

Order, Supreme Court, New York County (Kristin Booth Glen, J.), entered on or about April 12, 1994, as resettled by order of said court and Justice entered on or about June 30, 1994, which, insofar as appealed from, denied defendant Schatz’ motion to dismiss the complaint, unanimously affirmed, without costs.

This foreclosure action lay dormant for approximately twenty years until defendant brought the instant motion to dismiss pursuant to CPLR 3404 and 3216 and on the ground of plaintiffs’ laches. Shortly thereafter, by a supplemental order dated May 18, 1994, the court lifted a stay imposed…