Montes v. Manufacturers Hanover Trust Co.

Order, Supreme Court, New York County, entered May 4, 1979, granting plaintiff’s motion to dismiss the affirmative defense based upon the Statute of Limitations, reversed, on the law, and motion denied, with costs. In pleading an affirmative defense based upon the Statute of Limitations, it is unnecessary for defendant Manufacturers to identify the statutory sections relied upon or to specify the applicable period of limitations (Immediate v St. John’s Queens Hosp., 48 NY2d 671, 673). Therefore, its affirmative defense is properly pleaded. With regard to the merits of the defense under CPLR…