Legal Opinion

MacDonald v. Windfield Business Papers, Inc.

Appellate Division of the Supreme Court of the State of New York

Decided March 20, 2000PublishedCited by 1 opinion

1Opinion of the Court

—In an action, inter alia, to recover damages for breach of contract, the plaintiff appeals from an order of the Supreme Court, Suffolk County (Costello, J.), dated March 2, 1999, which denied his motion to dismiss the defendant’s counterclaims as barred by the Statute of Limitations.

Ordered that the order is reversed, on the law, with costs, the motion is granted, and the counterclaims are dismissed.

The defendant’s original answer did not give notice of the transactions and occurrences which are the basis of the counterclaims asserted in the amended answer. Since the defendant’s pleadings…

2Cases cited5 opinions

  1. Shapiro v. SchoningerAppellate Division of the Supreme Court of the State of New York · 1986
  2. Bernstein v. SpatolaAppellate Division of the Supreme Court of the State of New York · 1986
  3. Marine Midland Bank N. A. v. RenckAppellate Division of the Supreme Court of the State of New York · 1994
  4. Hager v. HagerAppellate Division of the Supreme Court of the State of New York · 1991
  5. Padua v. FalowAppellate Division of the Supreme Court of the State of New York · 1996

3Cited by1 opinion

  1. Carvel v. DavisAppellate Division of the Supreme Court of the State of New York · 2003

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