Mendrzycki v. Cricchio
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
OPINION OF THE COURT
McCarthy, J.
On this appeal, we are presented with the principal question of whether a defendant may assert a statute of limitations defense for the first time in an answer served pursuant to CPLR 3025 (d) and responsive to an amended complaint served pursuant to CPLR 3025 (b), or whether such a defense is waived by not having been pleaded in the original answer to the initial complaint. We hold that such a defense is not waived as the answer presently under dispute, which was required by CPLR 3025 (d), constitutes an original answer to the amended complaint.
*173Complaining of…
2Cases cited18 opinions
- Young v. New York City Health & Hospitals Corp.New York Court of Appeals · 1998
- Williamson v. PricewaterhouseCoopers LLPNew York Court of Appeals · 2007
- Addesso v. ShemtobNew York Court of Appeals · 1987
- Chalasani v. NeumanNew York Court of Appeals · 1985
- John W. Cowper Co. v. Buffalo Hotel Development VentureAppellate Division of the Supreme Court of the State of New York · 1984
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