Legal Opinion
M. Kramer & Sons, Inc. v. Facilities Development Corp.
Appellate Division of the Supreme Court of the State of New York
Decided December 10, 1987PublishedCited by 19 opinions
1Opinion of the Court
— Weiss, J.
Appeal *943from an order of the Supreme Court (Kahn, J.), entered July 3, 1986 in Albany County, which denied defendant’s motion for leave to amend its answer.
The factual background for this matter is set forth in a previous decision of this court (113 AD2d 97). In affirming the denial of defendant’s motion to dismiss the complaint as untimely, we observed that defendant was free to assert as affirmative defenses in its answer that the claim was untimely pursuant to a contractual provision (§ 15.9) between the parties or pursuant to the six-year Statute of Limitations set forth in CPLR…
2Cases cited3 opinions
- Powe v. City of AlbanyAppellate Division of the Supreme Court of the State of New York · 1987
- M. Kramer & Sons, Inc. v. Facilities Development Corp.Appellate Division of the Supreme Court of the State of New York · 1985
- Trevithick v. Abbott LaboratoriesAppellate Division of the Supreme Court of the State of New York · 1979
3Cited by19 opinions
- F.G.L. Knitting Mills, Inc. v. 1087 Flushing Property, Inc.Appellate Division of the Supreme Court of the State of New York · 1993
- Branch v. Abraham & Strauss Department StoreAppellate Division of the Supreme Court of the State of New York · 1995
- Koeth v. KoethAppellate Division of the Supreme Court of the State of New York · 2003
- Iannone v. IannoneAppellate Division of the Supreme Court of the State of New York · 2006
- Citrin v. Royal Insurance Co.Appellate Division of the Supreme Court of the State of New York · 1991
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