Scholastic Inc. v. Pace Plumbing Corp.
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
OPINION OF THE COURT
Acosta, J.
The fundamental question in this appeal is whether defendant properly pleaded an affirmative defense based on the statute of limitations, where the defense was concealed within a boilerplate, catchall paragraph containing 15 other affirmative defenses and an attempt to plead and reserve every other conceivable affirmative defense. We hold that defendant’s statute of limitations defense was inadequately pleaded because of its failure to separately state and number the defense and that plaintiff was prejudiced by the defective pleading. However, because the…
2Cases cited21 opinions
- Loomis v. Civetta Corinno Construction Corp.New York Court of Appeals · 1981
- Foley v. D'AgostinoAppellate Division of the Supreme Court of the State of New York · 1964
- Bano v. Union Carbide Corp.Court of Appeals for the Second Circuit · 2004
- Britt v. Legal Aid Society, Inc.New York Court of Appeals · 2000
- DiMauro v. Metropolitan Suburban Bus AuthorityAppellate Division of the Supreme Court of the State of New York · 1984
16 more not listed; retrieve them via the Exa API.
3Cited by15 opinions
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- Canales v. StateNew York Court of Claims · 2015
- Matter of BNB Bank v. HealthFirst PHSP Inc.Appellate Division of the Supreme Court of the State of New York · 2021
- Matter of BNB Bank v. HealthFirst PHSP Inc.Appellate Division of the Supreme Court of the State of New York · 2021
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