Mercy v. University Gardens Property Owners Ass'n

Defendant moves by two separate notices of motion (1) for an order dismissing the second and third causes of action for legal insufficiency, and (2) for leave to serve an amended answer so as to allege a separate partial defense of the Statute of Limitations.

The latter motion is granted. It is customary to grant such motions with liberality to the end that parties may have an opportunity to raise and have determined all questions involved in the subject matter of the litigation. (Milliken v. McGarrah, 164 App. Div. 110.) On the other hand, the sufficiency of the amended pleading is not…