Opinion
April 20, 2000.
Order, Supreme Court, New York County (Carol Huff, J.), entered on or about April 12, 1999, which, in a proceeding pursuant toCPLR article 78, denied respondents' motion to dismiss the petition pursuant to either CPLR 3211 or CPLR 3212, unanimously affirmed, with costs.
David Cooper, for petitioner-respondent.
Leopold Kaplan, for respondents-appellants.
NARDELLI, J.P., TOM, ELLERIN, LERNER, ANDRIAS, JJ.
Respondents, having conceded that they did not change position in reliance on petitioner's alleged inaction, and having offered only bare, conclusory allegations of prejudice, are not entitled to dismissal on the ground of laches (see, Provost v. Off Campus Apts. Co., II, 211 A.D.2d 850, 852) or estoppel (cf., Bd. of Mgrs., Washington's Headquarters Townhouses Condominium v. Gottlieb, 186 A.D.2d 525, 527, lv denied 82 N.Y.2d 655. Nor have they shown themselves entitled to judgment as a matter of law on the merits. We have considered appellants' remaining arguments and find them unavailing.
THIS CONSTITUTES THE DECISION AND ORDER OF SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.