Legal Opinion
Ricchezza v. Metropolitan Transportation Authority
Appellate Division of the Supreme Court of the State of New York
Decided December 21, 2010PublishedCited by 2 opinions
1Opinion of the Court
In an action to recover damages for personal injuries, the plaintiff appeals, as limited by his brief, from so much of an order of the Supreme Court, Westchester County (Colabella, J.), entered March 3, 2010, as granted that branch of the defendants’ motion which was pursuant to CPLR 3025 (b) for leave to amend the answer to add the defense of statute of limitations.
Ordered that the order is affirmed insofar as appealed from, with costs.
Contrary to the plaintiffs contention, “defenses waived under CPLR 3211 (e) can nevertheless be interposed in an answer amended by leave of court pursuant to…
2Cases cited10 opinions
- McCaskey, Davies & Associates, Inc. v. New York City Health & Hospitals Corp.New York Court of Appeals · 1983
- Ingrami v. RovnerAppellate Division of the Supreme Court of the State of New York · 2007
- Sindle v. New York City Transit AuthorityNew York Court of Appeals · 1973
- Hickey v. HuttonAppellate Division of the Supreme Court of the State of New York · 1992
- Complete Management, Inc. v. RubensteinAppellate Division of the Supreme Court of the State of New York · 2010
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3Cited by2 opinions
- HSBC Bank v. PicarelliAppellate Division of the Supreme Court of the State of New York · 2013
- HSBC Bank v. PicarelliAppellate Division of the Supreme Court of the State of New York · 2013