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ROSENSTRAUSS v. WOMEN'S IMAGING CENTER OF ORANGE COUNTY

56 A.D.3d 454 (2008)

866 N.Y.S.2d 759

MAURICE ROSENSTRAUSS, as Executor of PATRICIA J. PURGESS, Deceased, Appellant, v. WOMEN'S IMAGING CENTER OF ORANGE COUNTY et al., Respondents.

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

Decided November 5, 2008.

Ordered that the order is affirmed insofar as appealed from, with one bill of costs.

The motion of Patricia J. Purgess to vacate a prior order of the Supreme Court, Orange County, dated March 20, 1996, dismissing the action pursuant to CPLR 3404, was made almost 11 years after the issuance of that order. "The doctrine of laches bars recovery where a party's inaction has prejudiced another party, making it inequitable to permit recovery" (First Nationwide Bank v...

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