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SMITH v. SHEEN

216 A.D.2d 147 (1995)

628 N.Y.S.2d 280

James Smith et al., as Coexecutors of Arthur A. Desser, Deceased, Respondents, v. Milton Sheen et al., Defendants, and Irving Schatz, Appellant

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

June 22, 1995

This foreclosure action lay dormant for approximately twenty years until defendant brought the instant motion to dismiss pursuant to CPLR 3404 and 3216 and on the ground of plaintiffs' laches. Shortly thereafter, by a supplemental order dated May 18, 1994, the court lifted a stay imposed in 1974, which had been granted pending plaintiffs' compliance with EPTL 13-3.5 (see, Desser v Schatz, 182 A.D.2d 478).

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