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Legal Opinion

Augenblick v. Town of Cortlandt

New York Court of Appeals

Decided November 12, 1985PublishedCited by 22 opinions

1Opinion of the Court

OPINION OF THE COURT

Order reversed, with costs, and petition granted for the reasons stated in the dissenting memorandum by Justice Leon D. Lazer at the Appellate Division (104 AD2d 806, 811-815). Respondents waived their Statute of Limitations defense by failing to plead it in their answer or by appropriate motion (CPLR 7804 [f]; see also, CPLR 3211 [a]).

Concur: Chief Judge Wachtler and Judges Jasen, Meyer, Kaye, Alexander and Titone. Taking no part: Judge Simons.

2Cases cited1 opinion

  1. Augenblick v. Town of CortlandtAppellate Division of the Supreme Court of the State of New York · 1984

3Cited by22 opinions

  1. Anderson House, LLC v. Mayor of RockvilleCourt of Appeals of Maryland · 2008
  2. In Re Estate of PetersSupreme Court of Vermont · 2000
  3. O'Sullivan v. O'SullivanAppellate Division of the Supreme Court of the State of New York · 1994
  4. Norton v. Town of BrookhavenDistrict Court, E.D. New York · 2014
  5. Cannon v. MurphyAppellate Division of the Supreme Court of the State of New York · 1993

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