Westchester Religious Institute v. Kamerman

Full title: WESTCHESTER RELIGIOUS INSTITUTE, Appellant, v. JEROME KAMERMAN et al.…

Court: Appellate Division of the Supreme Court of New York, First Department

Date published: Mar 3, 1998

248 A.D.2d 116 (N.Y. App. Div. 1998)

669 N.Y.S.2d 805

Opinion

March 3, 1998

Appeal from the Judgment, Supreme Court, New York County (Sheila Abdus-Salaam, J.).

There has been no showing that defendants were prejudiced by or changed their position in any way due to plaintiff's delay in bringing suit. Nor is there any indication that plaintiff's reluctance to resort to litigation to resolve this internecine dispute was unreasonable under the circumstances. For these reasons, and particularly inasmuch as this is an action for an accounting brought against a fiduciary ( see, Matter of Barabash, 31 N.Y.2d 76, 82), the IAS Court's dismissal of the complaint based on laches was error ( see, Dwyer v. Mazzola, 171 A.D.2d 726).

Concur — Milonas, J. P., Ellerin, Williams and Tom, JJ.