Horst v. Brown
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
Order, Supreme Court, New York County (Louis B. York, J.), entered October 16, 2007, which, insofar as appealed from as limited by the briefs, denied plaintiff’s motion for summary judgment and dismissed certain of her claims on the ground of statute of limitations, reversed, on the law, without costs, the dismissed claims reinstated, plaintiff granted summary judgment as to liability on those claims, and the matter remanded for a trial as to damages.
CPLR 3211 (e) explicitly provides that an objection or defense. based on the statute of limitations is waived unless raised in a responsive…
2Cases cited21 opinions
- Dunham v. Hilco Construction Co.New York Court of Appeals · 1996
- John J. Kassner & Co. v. City of New YorkNew York Court of Appeals · 1979
- Rogoff v. San Juan Racing Ass'n, Inc.New York Court of Appeals · 1981
- Dougherty v. City of RyeNew York Court of Appeals · 1984
- Baseball Office of the Commissioner v. Marsh & McLennan, Inc.Appellate Division of the Supreme Court of the State of New York · 2002
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