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MENDOZA v. RODRIGUEZ

127 A.D.2d 635 (1987)

Juan Mendoza et al., Respondents, v. Julian Rodriguez, Appellant, et al., Defendant

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

February 9, 1987

Ordered that the judgment and the order are affirmed, with costs, for reasons stated by Justice Leviss at Special Term.

We would add, however, two points. Firstly, under the facts and circumstances of this case, the plaintiffs did not act in such manner, nor were the defendants prejudiced, so that specific performance is barred by laches (see, Robbins v Clock, 203 N.Y. 603, affg 131 App Div 917, affg...

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