Dehmler v. County of Livingston

— Order unanimously reversed, with costs, and motion denied. Memorandum: On defendant County of Livingston’s motion pursuant to CPLR 3216 (subd [a]), Special Term dismissed plaintiff’s complaint on the merits for failure to have filed and served a note of issue within 90 days after demand. Issue originally was joined in this action on June 10, 1980. Defendant county moved in December, 1981 for permission to amend its answer to assert the affirmative defense of Statute of Limitations. Permission was granted and the amended answer was served on January 21,1982. Defendant’s motion papers are…