SHORT v. RAPPING


135 A.D.2d 624 (1987)

Gertrude Short, Individually and as Mother and Natural Guardian of Karen Short, an Infant, Respondent, v. Lowell Rapping et al., Defendants, and Herbert Eisler, Appellant

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

December 14, 1987


Ordered that the order is affirmed, with costs.

The appellant's motion to dismiss the plaintiff's action for want of prosecution was properly denied in view of his failure to comply with the statutory requirements. Moreover, to the extent that the appellant's motion to dismiss was predicated on the equitable doctrine of laches, it must fail. "Laches is an equitable principle which may be invoked under proper conditions as a defense or shield against stale claims,...

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