SIRIANNO v. NEW YORK RSA NO. 3 CELLULAR PARTNERSHIP


284 A.D.2d 913 (2001)

727 N.Y.S.2d 568

PETER J. SIRIANNO et al., Appellants, v. NEW YORK RSA No. 3 CELLULAR PARTNERSHIP et al., Respondents.

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

Decided June 8, 2001.


Order unanimously modified on the law and as modified affirmed without costs in accordance with the following Memorandum: Plaintiffs appeal from an order that, inter alia, granted that part of defendants' motion seeking summary judgment dismissing the amended complaint. We conclude that Supreme Court erred in dismissing the first cause of action and in determining that the action is barred by the doctrine of laches. We otherwise conclude, however, that the court properly...

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