Practice point: The doctrine of laches does not provide an alternate basis to dismiss a
complaint where there has been no service of a 90-day demand pursuant to
CPLR 3216(b), and where the case management devices of CPLR 3404 and 22
NYCRR 202.27 are inapplicable.
Student note: Marking a case off a motion or conference calendar does not dispose of it.
Case: Arroyo v. Board of Educ. of City of New York, NY Slip Op 05507 (2d Dept. 2013).
Here is the decision.
Tomorrow's issue: Post-deposition errata sheets.
