Opinion
570012/10
04-17-2012
Crystal Biton, Plaintiff-Appellant, v. Zackry Cobi Jaacob and Zackry Pinhas, Defendants-Respondents.
PRESENT: , III, P.J., Schoenfeld, Hunter, Jr., JJ
Plaintiff appeals from an order of the Civil Court of the City of New York, New York County (Barbara Jaffe, J.), entered September 9, 2009, which denied her motion, in effect, to vacate a prior order denying her motion to restore the action to the trial calendar.
Per Curiam.
Order (Barbara Jaffe, J.), entered September 9, 2009, affirmed, without costs, for the reasons stated by Barbara Jaffe, J. at Civil Court.
We note our agreement that plaintiff's motion, seeking in effect to renew an order denying her prior motion to restore this 1997 action to the trial calendar, was barred by the doctrine of laches, where the present motion was not made until more than a decade after issuance of the underlying order (see Garcia v City of New York, 72 AD3d 505 [2010, appeal dismissed 15 NY3d 918 [2010]).
THIS CONSTITUTES THE DECISION AND ORDER OF THE COURT.
I concur