The plaintiff commenced an action in 2002 seeking a declaration that a 2001 will executed by his late father was valid.
The defendants, the plaintiff's sisters, challenged the father's testamentary capacity.
After 17 years of litigation with significant periods of inaction, the defendants moved to dismiss the action for delay.
The court found the delay was inordinate and inexcusable, rejecting the plaintiff's explanations regarding childcare and financial difficulties.
The court also found the delay caused specific prejudice to the defendants, as relevant medical and insurance records were no longer available.
The motion to dismiss the action was granted.
