Markell v Markell, 2012 NY Slip Op 00496 (2nd Dept., 2012)

"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. The mere lapse of time without a showing of prejudice will not sustain a defense of laches. In addition, there must be a change in circumstances making it inequitable to grant the relief sought" (Skrodelis v Norbergs, 272 AD2d 316, 316 [citations omitted]; see Cohen v Krantz, 227 AD2d 581, 582). Notably, "[p]rejudice may be established by a showing of injury, change of position, loss of evidence, or some other disadvantage resulting from the delay" (Skrodelis v Norbergs, 272 AD2d at 316-317).