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STEINER v. STEINER

204 A.D.2d 157 (1994)

612 N.Y.S.2d 16

Anna Steiner, Respondent, v. Stuart Steiner, Appellant

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

May 17, 1994

Any right defendant may have had to seek dismissal of the complaint pursuant to CPLR 3215 (c) is barred by his laches in waiting five years to make the motion (see, Myers v Empire State Bldg., 53 A.D.2d 662, 663). Further, the motion court's denial of the motion was both an equitable and expeditious way to finally determine the entire action (see, Hinds v 2461 Realty Corp., 169 A.D.2d 629

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