Carpinello, J.
In this plenary action to recover moneys had and received by defendants, defendant County of Sullivan appeals from an order of Supreme Court granting plaintiff summary judgment, contending that this action is barred by the Statute of Limitations. Fundamentally, however, a party must raise the legal argument of Statute of Limitations in its answer to a complaint or in a preanswer motion to dismiss (see, CPLR 3211 [a] [5]; [e]) and the failure...
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