MED. ARTS OFFICE SERVS., INC. v. ST. PAUL'S REALTY CORP.


73 A.D.2d 664 (1979)

Medical Arts Office Services, Inc., Respondent, v. St. Paul's Realty Corp., Appellant

Appellate Division of the Supreme Court of the State of New York, Second Department.

December 24, 1979


Order reversed, without costs or disbursements, and matter remanded to Special Term for retaxation of costs and disbursements in the action in accordance herewith, by a Justice other than the one from whose order the appeal emanates.

The delay in making this motion for reimbursement of costs expended by the defendant corporation, which ultimately prevailed at trial, does not give rise to a defense of waiver or laches. The...

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