| Perez v City of New York |
| 2014 NY Slip Op 00578 [113 AD3d 570] |
| January 30, 2014 |
| Appellate Division, First Department |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
| Zacarias Perez et al., Appellants, v City of New York et al., Respondents. |
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Michael A. Cardozo, Corporation Counsel, New York (Janet L. Zaleon of counsel),
for respondents.
Order, Supreme Court, Bronx County (Larry S. Schachner, J.), entered April 19, 2012, which granted defendants' motion to dismiss the complaint, unanimously affirmed, without costs.
The 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 [1960]). 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 County Chamber of Commerce v Pataki, 100 NY2d 801, 816 [2003], cert denied 540 US 1017 [2003]; Matter of Linker, 23 AD3d 186, 189 [1st Dept 2005]). Concur—Gonzalez, P.J., Friedman, Renwick, Freedman and Richter, JJ.