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LEWIS v. NEW YORK CITY TRANSIT AUTHORITY

38 A.D.3d 201 (2007)

829 N.Y.S.2d 903

DANIEL LEWIS, Appellant, v. NEW YORK CITY TRANSIT AUTHORITY, Respondent.

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

Decided March 1, 2007.

The action was properly dismissed because, regardless of the timeliness and merit of plaintiff's motion to vacate the April 1997 order dismissing the action pursuant to 22 NYCRR 202.27, the postdismissal delay here was so unreasonable and so prejudicial as to amount to laches (cf. Acevedo v Navarro, 22 A.D.3d 391

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