Laches Results in Dismissal of 28-Year Old Car Accident Case

In Perez v. City of New York, the Appellate Division, First Department affirmed the lower court’s dismissal of plaintiff’s car accident case on the ground of laches.

Black’s Law Dictionary defines “laches” as the “unreasonable delay pursuing a right or claim…in a way that prejudices the [opposing] party”.

The court, in a very short opinion, had little trouble finding that the defense was applicable here. ┬áSpecifically, the record showed that “the inordinate delays in this case, arising from a 1984 motor vehicle accident and commenced 28 years ago, are attributable to plaintiffs and their counsel, and that due to the passage of time, defendants’ ability to mount a defense has been significantly prejudiced.”

Share This: