Appellate Division of the Supreme Court of the State of New York, First Department.
There are triable issues of fact as to the timeliness of this action (which we consider to be more properly a CPLR article 78 proceeding), including laches, Statute of Limitations (CPLR 217), the time of demand, the time of refusal, and the date when the statute began to run; and, if the proceeding is timely, whether plaintiff has become entitled to de facto...
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