1. Home
  2. Browse Decisions
  3. A.D.3d
  4. 58 A.D.3d
  5. 58 A.D.3d 171 (2008)
 

MENDRZYCKI v. CRICCHIO

58 A.D.3d 171 (2008)

868 N.Y.S.2d 107

WILLIAM J. MENDRZYCKI, Respondent, v. FRANK P. CRICCHIO et al., Appellants.

Appellate Division of the Supreme Court of New York, Second Department.

November 18, 2008.

Attorney(s) appearing for the Case

Feldman, Kleidman & Coffet, LLP, Fishkill (Marsha Solomon Weiss of counsel), for appellants.

Kent, Hazzard, Wilson, Conroy, Verni & Freeman, LLP, White Plains (James C. Freeman of counsel), for respondent.

Before: PRUDENTI, P.J., FISHER and DICKERSON, JJ., concur.

OPINION OF THE COURT

McCARTHY, J.

On this appeal, we are presented with the principal question of whether a defendant may assert a statute of limitations defense for the first time in an answer served pursuant to CPLR 3025 (d) and responsive to an amended complaint served pursuant to CPLR 3025 (b), or whether such a defense is waived by not having been pleaded in the original answer to the initial complaint. We hold that such a defense is not waived as the...

Let's get started

Leagle.com

Welcome to the leading source of independent legal reporting
Sign on now to see your case.
Or view more than 10 million decisions and orders.

  • Updated daily.
  • Uncompromising quality.
  • Complete, Accurate, Current.

Listed below are the cases that are cited in this Featured Case. Click the citation to see the full text of the cited case. Citations are also linked in the body of the Featured Case.

Cited Cases

  • No Cases Found

Listed below are those cases in which this Featured Case is cited. Click on the case name to see the full text of the citing case.

Citing Cases