In granting the defendant-owner's motion, the court properly considered the homeowners' exemption to liability, even though the defendant-owner did not plead it as an affirmative defense. The plaintiff was not surprised by the defense, and fully opposed the
motion.
Urquiza v. Park & 76th St., Inc., NY Slip Op 03477 (1st Dep't May 14, 2019)
Here is the decision.
