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In re Application of Silverstein

Appellate Division of the Supreme Court of New York, First Department
Apr 20, 2000
271 A.D.2d 340 (N.Y. App. Div. 2000)

Opinion

April 20, 2000.

Order, Supreme Court, New York County (Carol Huff, J.), entered on or about April 12, 1999, which, in a proceeding pursuant toCPLR article 78, denied respondents' motion to dismiss the petition pursuant to either CPLR 3211 or CPLR 3212, unanimously affirmed, with costs.

David Cooper, for petitioner-respondent.

Leopold Kaplan, for respondents-appellants.

NARDELLI, J.P., TOM, ELLERIN, LERNER, ANDRIAS, JJ.


Respondents, having conceded that they did not change position in reliance on petitioner's alleged inaction, and having offered only bare, conclusory allegations of prejudice, are not entitled to dismissal on the ground of laches (see, Provost v. Off Campus Apts. Co., II, 211 A.D.2d 850, 852) or estoppel (cf., Bd. of Mgrs., Washington's Headquarters Townhouses Condominium v. Gottlieb, 186 A.D.2d 525, 527, lv denied 82 N.Y.2d 655. Nor have they shown themselves entitled to judgment as a matter of law on the merits. We have considered appellants' remaining arguments and find them unavailing.

THIS CONSTITUTES THE DECISION AND ORDER OF SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.


Summaries of

In re Application of Silverstein

Appellate Division of the Supreme Court of New York, First Department
Apr 20, 2000
271 A.D.2d 340 (N.Y. App. Div. 2000)
Case details for

In re Application of Silverstein

Case Details

Full title:IN RE APPLICATION OF JEROME SILVERSTEIN, Petitioner-Respondent, Appointed…

Court:Appellate Division of the Supreme Court of New York, First Department

Date published: Apr 20, 2000

Citations

271 A.D.2d 340 (N.Y. App. Div. 2000)
705 N.Y.S.2d 894

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