Lewis v New York City Tr. Auth. (2007 NY Slip Op 01767)

Lewis v New York City Tr. Auth.

2007 NY Slip Op 01767 [38 AD3d 201]

March 1, 2007

Appellate Division, First Department

Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.

As corrected through Wednesday, May 9, 2007

Daniel Lewis, Appellant,
v
New York City Transit Authority, Respondent.

—[*1] Sweeney, Gallo, Reich & Bolz, LLP, Rego Park (Rosemarie A. Klie of counsel), for appellant.

Wallace D. Gossett, Brooklyn (Anita Isola of counsel), for respondent.

Order, Supreme Court, New York County (Robert D. Lippmann, J.), entered October 20, 2005, which, in an action for personal injuries, granted plaintiff's motion to restore the action to a pre-note of issue calendar, and granted defendant's cross motion to dismiss the complaint, unanimously affirmed, without costs.

The action was properly dismissed because, regardless of the timeliness and merit of plaintiff's motion to vacate the April 1997 order dismissing the action pursuant to 22 NYCRR 202.27, the postdismissal delay here was so unreasonable and so prejudicial as to amount to laches (cf. Acevedo v Navarro, 22 AD3d 391 [2005]). Concur—Sullivan, J.P., Williams, Gonzalez, Sweeny and Kavanagh, JJ.