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MAUSS v. MAUSS

Appellate Division of the Supreme Court of New York, First Department.
Apr 12, 1994

Although petitioner's excuse for her delay in enforcing the parties' 1982 support order is weak, delay alone is insufficient to bar a claim on the ground of laches (Matter of Department of Social Servs. v Wright, 112 A.D.2d 159, 160), and respondent's claim of lack of knowledge that petitioner would seek to enforce the order and prejudice as a result of the delay are not convincing (see, Maule v Kaufman, 33 N.Y.2d 58). We have considered respondent's other contentions and find them to be without merit.

Concur — Sullivan, J.P., Asch, Nardelli and Tom, JJ.