The IAS Court properly determined that the parties' respective motions for summary judgment were precluded by triable issues of fact, requiring discovery, with respect to the plaintiff's reasons for its admitted ten year delay in pursuing the action, whether abandonment, estoppel or waiver are available as viable defenses to the plaintiff's delayed claim, and with respect to the extent of prejudice, if any, to the defendants by reason of the delay (Ellis v Allstate Ins...
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