Friday, September 16, 2016

The doctrine of laches.

Practice point:  Laches is an equitable doctrine which bars the enforcement of a right where there has been an unreasonable and inexcusable delay that results in prejudice to a party.  Prejudice may be demonstrated by a showing of injury, change of position, loss of evidence, or some other disadvantage resulting from the delay.

Case:  Diecidue v. Russo, NY Slip Op 05907 (2d Dep't August 31, 2016)

Here is the decision.

Monday's issue:  Liability for negligent renovation of a party wall.