The statute of limitations is an affirmative defense which is waived by a party unless it is raised either in a responsive pleading, or by motion prior to the submission of a responsive pleading, pursuant to CPLR 3211[e]. A court may not take judicial notice, sua sponte, of the applicability of a statute of limitations if that defense has not been raised.
352 Legion Funding Assoc. v. 348 Riverdale, LLC, NY Slip Op 05662 (2d Dep't August 8,2018)
Here is the decision.
