The statute of limitations is an affirmative defense and, pursuant to CPLR 3211(e), it is waived unless it is raised either in a responsive pleading or by motion prior to the submission of a responsive pleading. A court may not take judicial notice, sua sponte, of the applicability of a statute of limitations if the defense has not been raised.
Associates First Capital Corp. v. Roth, NY Slip Op 01789 (2d Dep't April 3, 2024)
