Olean Medical Condominium Ass'n v. Azima

DAVIS, Chief Judge.

Dr. Ali A. Azima brought suit against Olean Medical Condominium Association. Olean filed a counterclaim against Dr. Azi-ma. On appeal, Olean challenges the trial court’s final judgment resolving these claims. Because the trial court erred by refusing to consider Olean’s statute of limitations affirmative defense, we reverse the portion of the final judgment awarding damages to Dr. Azima.1 We also reverse the denial of Olean’s counterclaim because the denial of that relief appears to rely in part on the merits of Dr. Azima’s statutorily barred claim.

Dr. Azima owns one unit…