Gross, Shuman, Brizdle & Gilfillan, P. C. v. Bayger
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
—Order unanimously affirmed without costs. Memorandum: Supreme Court did not abuse its discretion in denying that part of the cross motion of defendant to amend his answer to plead the Statute of Limitations as an affirmative defense. The failure to assert the Statute of Limitations in a motion to dismiss or in *1188the answer constitutes a waiver of that affirmative defense (see, CPLR 3211 [e]; Matter of Augenblick v Town of Cortlandt, 66 NY2d 775, 777, rearg denied 67 NY2d 647; Itzkowitz v Town Bd., 139 AD2d 932). Although leave to amend a pleading should be liberally granted in the absence of…
2Cases cited6 opinions
- Olean Urban Renewal Agency v. HermanAppellate Division of the Supreme Court of the State of New York · 1984
- Augenblick v. Town of CortlandtNew York Court of Appeals · 1985
- Rose v. VelletriAppellate Division of the Supreme Court of the State of New York · 1994
- St. Mary v. Paul Smith's College of Arts & SciencesAppellate Division of the Supreme Court of the State of New York · 1998
- Dowdle v. RichardsAppellate Division of the Supreme Court of the State of New York · 1956
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3Cited by8 opinions
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- Sullivan v. Troser Management, Inc.Appellate Division of the Supreme Court of the State of New York · 2006
- Simoneit v. Mark Cerrone, Inc.Appellate Division of the Supreme Court of the State of New York · 2014
- Burke, Albright, Harter & Rzepka LLP v. SillsAppellate Division of the Supreme Court of the State of New York · 2020
3 more not listed; retrieve them via the Exa API.