The affirmative defenses are dismissed as conclusory and not factually supported, and the defenses specifically addressed lack merit. With respect to laches, defendant failed to present evidence of prejudice arising from plaintiff's purported delay. Defendant also asserted the defense of impossibility based on plaintiff's alleged refusal to provide him access to the apartment for the purpose of obtaining insurance. However, defendant did not submit evidence to support his contention that he was unable to obtain the requisite insurance or that it was objectively impossible, to do so because the record reflects that he was given access on several occasions. The insurance broker's email stating "it is extremely difficult, if not impossible, to secure coverage" for a vacant apartment where property damage exists does not establish that it was impossible for defendant to obtain coverage.
71st St.-Lexington Corp. v. Frankel, NY Slip Op 03358 (1st Dep't May 28, 2026)
