Practice point: The statute of limitations cannot be asserted sua sponte by the court as a basis for denying an unopposed motion for a default judgment.
Practitioners should note that the statute of limitations must be pleaded, if at all, as an affirmative defense.
Case: Orix Fin. Servs., Inc. v. Haynes, NY Slip Op 09270 (1st Dept. 2008)
The opinion is here.
