Cheemanlall v Toolsee

Holding The court held that the plaintiffs’ motion to enforce the judgment for specific performance was barred by the doctrine of laches due to unreasonable delay. However, the court reversed the lower court’s dismissal of the claim for the return of the down payment, finding that the defendant was not ready, willing, and able to perform.

The court’s words

The doctrine of laches is an equitable doctrine which bars the enforcement of a right where there has been an unreasonable and inexcusable delay that results in prejudice to a party

2026 NY Slip Op 06089, at the official text

the evidence must demonstrate that the seller was not ready, willing, and able to perform on the law day

2026 NY Slip Op 06089, at the official text

the appraisal showed extensive damage to the property, including that plumbing fixtures had been removed and several joists had been damaged

2026 NY Slip Op 06089, at the official text

a March 2006 engineering report submitted by the defendant indicated that the property was heavily damaged

2026 NY Slip Op 06089, at the official text