Practice point: After serving an answer asserting the affirmative defense, a defendant must move for judgment within 60 days, pursuant to CPLR 3211(e).
Student note: Service of an amended answer does not reset the 60-day period.
Bulkan v. Stepp's Towing Serv., Inc., NY Slip Op 07406 (2d Dep't November 7, 2018)
Here is the decision.
