STATE v. ASTRO SHUTTLE ARCADES, INC.


221 A.D.2d 198 (1995)

633 N.Y.S.2d 304

State of New York, by Dennis Vacco, as Attorney-General of The State of New York, Respondent, v. Astro Shuttle Arcades, Inc., et al., Appellants

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

November 9, 1995


There is no merit to respondents' contention that petitioner Attorney-General should not have been permitted to enter a money judgment some six years after entry of the judgment holding respondents liable for restitution to its defrauded customers. The doctrine of laches does not apply to the State when it acts in a governmental, as opposed to private or proprietary, capacity to enforce a public right or protect a public interest (see, Matter of Carney v Newburgh...

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