September 21, 2018

Waiver of a defense.

A defendant waives a statute of limitations defense by failing to raise it in an answer or in a timely pre-answer motion to dismiss, pursuant to CPLR 3211(a)(5) and (e).

21st Mtge. Corp. v. Palazzotto, NY Slip Op 06072 (2d Dep't September 19, 2018)

Here is the decision.