¶1— Cross motion to dismiss an application made pursuant to CPLR article 78, in the nature of a writ of prohibition seeking to prohibit respondents from moving petitioner to trial, unanimously granted and petition dismissed, without costs. Petitioner has failed to allege a sufficient factual basis for the extraordinary relief sought. The petition is based upon speculation and hearsay. Moreover, petitioner is guilty of laches in having submitted to the jurisdiction of the court and failing to seek relief for 13 months. Concur — Birns, J. P., Ross, Carro, Fein and Lynch, JJ.
81 A.D.2d 521
Black v. Cohen
Appellate Division of the Supreme Court of the State of New York
Decided April 9, 1981
Appellate Division of the Supreme Court of the State of New York · decided 1981-04-09
Cited by 1 later decisions — most recently May 2005
1 federal appellate ·
Good law ✅— No negative treatment on recordhow we know
Decided 1981-04-09
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